Legal Question in Immigration Law in Virginia

Re: H1B,Green Card Application to F1

So are you saying that your company will continue processing your green card while you are in school? If that is so then what happens after you are done (with regards to your H-1B) depends on how far you have come in the green card process. If you have reached the last stage then you may already have your EAD and not require an H-1B. If you have not you should not be subject to the cap as long as you have not left the US for over 1 year. Are you going to business school because your employer will not renew the H-1? Your situation is not completely clear from your description so if you would like to discuss the facts feel free to set up a consultation with me. My staff will be more than happy to walk you through the process.

Re: H1B,Green Card Application to F1

First, if your employer starts your green card process and you have applied for your green card before going to school, you may not be able to change to F-1 status.

Second, if you do go to school and then go back to your employer, while you will likely be able to renew your H-1B without being subject to the cap (though that is not guaranteed based on your post), you may not be able to proceed with your green card process if the job is a lower position that you are no longer working at (i.e., you have gotten a promotion). There are many factors that you will have to consider with regards to your H-1B, when to go to school, and when your employer can/should begin the green card process for you.

If you would like to set up a consultation to discuss further, please do not hesitate to contact me directly.