Legal Question in Immigration Law in Texas

h1 to f1 when I-130 already filed?

Hi my parents filed I130 for me while I was on H1. But because of bad economy I really don't want to stay in h1b status. I want to switch back to f1 and wait for the greancard. But the change of status form says ''Has an immigrant petition ever been filed for you or for any other person included in this application?'' I think if I put no, then my f1 will be approved. But afraid it might hunt me during my greencard interview. If I put yes, then f1 application probably will get denied. What should I do? I really don't want to withdraw the I-130 application.


Asked on 1/31/09, 4:20 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: h1 to f1 when I-130 already filed?

You need to be consulting with an attorney. Why would an F1 be preferable to an H1b in a faltering economy? USCIS knows now (or will eventually) what petitions have been filed on your behalf. It is a fraud to lie about a material fact on an application, which would subject you to revocation and removal proceedings.

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Answered on 2/07/09, 11:34 am


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