Immigration.com

F-1 Visa

Getting F-1 while I-485/AOS is pending

16 years ago By Rajiv S. Khanna

Trying to get an F-1 while an AOS/I-485 is pending has been a recurring theme in our community. Last year in May/June we had spent two hours talking about this theme in our community conference calls. A lot of people wanted to do their MBA and were not able to wait for their green cards to join school.

Generally speaking when you have exhibited immigrant intent, getting an F-1 becomes difficult. On top of that, USCIS has said that F-1 is not compatible with a simultaneous I-485. But USCIS has never told us what happens if do file for an F-1 while an I-485 is pending.

From H-4 to F-1

16 years ago By Rajiv S. Khanna

Some questions from the community:

I have been on H-4 for almost 3 yrs now, and starting my MS in Spring 09 (on H4 status itself). But now I want to change to F-1 for personal reasons. I have the following doubts. request your clarification:

a. If I want to get my F-1 stamped from India, do I need to submit I-539 form also to the ISO of my school ?

No. An I-539 is used if you want to change status within USA.

b. How long should I be on F-1 before when I will be eligible to apply for OPT and work using the same?

Rajiv's Comments in The Times of India - USCIS exempts F-1 to H-1B status change from the $100,000 fee, easing concerns for Indian students

3 months ago By Chief Editor

Published by: The Times of India -  October 21, 2025
https://timesofindia.indiatimes.com/world/us/uscis-exempts-f-1-to-h-1b-…

Quotes and Excerpts from Rajiv in the article:

Rajiv's Comments in The Daily Californian - Trump administration proposes four-year limit on international student visas | National Open Primary tabs configuration options Primary tabs

4 months ago By Chief Editor

Published by: The Daily Californian -  September 04, 2025
https://shorturl.at/jquuv

Quotes and Excerpts from Rajiv in the article:

Approximately 2.1 million foreign students are enrolled in an F, J, or I program, with an estimated 414,000 individuals requesting extensions annually, as reported by the Law Offices of Rajiv S. Khanna.

For more information on this news, please see the attachment.

F-1 COS -- Risks of future denials, job search, and visa stamping with multiple status changes

6 months ago By Chief Editor
Question details

My question is regarding conversion from H-4 to F-1. I landed in the US on an F-2 visa, which was later converted to an H-4. So I don't have a sticker visa on my passport. Now I'm trying to gain admission to a university and change my status to F-1 again. Would I face any issues in this matter now or later? If I don't manage to get a job later, would I still be able to stay and convert back to H-4, or could I possibly face a denial?

Secondly, if I go back home and get a visa stamp, can I face any potential problems because this is going to be my second master's and I've gone through three visa status changes in a short period?

 

FAQ Transcript

No, there's no limit to how many times you can change your immigration status within the U.S. As long as the changes (e.g., F2 to H4 to F1) are legitimate and not just for "fun," they should not pose a problem for future denials or visa stamping.

 

What are the risks of job seeking while on F-2 or B-1/B-2 status post-H-1B layoff

6 months ago By Chief Editor
Question details

I am currently on an H1B visa and, unfortunately, I’ve been laid off. My last working day will be July 31st. I'm evaluating my options to maintain legal status in the U.S. after that date. The two primary paths I’m considering are:

Filing a Change of Status to B1/B2 (Visitor Visa). Filing a Change of Status to F2 (Dependent on my wife’s STEM OPT)

I saw your post on LinkedIn where you mentioned that USCIS has recently issued RFEs in B1/B2-to-H1B conversion cases, citing that seeking employment while on a B status may constitute a status violation.

My question is:

If I change to F2, would I face similar scrutiny during a future change back to H1B, especially if I'm job hunting while on F2?

Does job searching or interviewing while on F2 (without actual employment) violate the terms of that status? Also, I'd greatly appreciate your insights on the pros and cons of switching to F2 vs. B1/B2 from a strategic and compliance perspective.

 

FAQ Transcript

Seeking a job while on F-2 or B-1/B-2 status after an H-1B layoff carries no inherent risk, as the prohibition is on doing the job, not looking for one. While some individuals have faced challenges from USCIS when converting back to H-1B, the speaker views such objections as unfounded. Even in a worst-case scenario, an H-1B approval might necessitate a brief departure and re-entry to the U.S.

 

Recording for July 10, 2025 Conference Call with Rajiv S. Khanna

6 months ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

 

FAQs: What are the risks of job seeking while on F-2 or B-1/B-2 status post-H-1B layoff || F-1 COS -- Risks of future denials, job search, and visa stamping with multiple status changes || H-4 extension (I-539) abandoned by travel? Re-filing strategy after re-entry with new I-94

Subscribe to F-1 Visa

Law Offices of Rajiv S. Khanna, PC

5225 Wilson Blvd, Arlington, VA 22205

110 W. Johnson St, Suite 213, Staunton, VA 24401

Ph: (202) 909-1110

Copyright ©1993-2026, Law Offices of Rajiv S. Khanna, PC. All rights reserved.
IMMIGRATION.COM is a registered trademark of Law Offices of Rajiv S. Khanna, P.C.