I am in H1B status and have an approved I-140. Is it possible to now change to F-1 status?

Answer

The USCIS oftentimes will approve an application to change status to F-1, even if the applicant has an approved I-140, but there is always a risk that the USCIS may deny the case based upon immigrant intent. Applying for an F-1 visa “stamp” at a consulate, on the other hand, is far riskier. Consulates seem far less likely to grant an F-1 visa where the applicant has an approved I-140. (16.Jul.2018)

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