Q&A: Should you apply for your own green card on an F1 status?

We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com

Can I file/apply for my own green card on F1 status?

Currently, I don’t have my I-140 and I’m just 11 months away from the expiry of my 6-year H1B visa. I am on a B2 at the moment. Since I want to enroll in an MBA degree, I want to know if it’s possible to get back to an F1 in the meantime and start my own green card process. I think this will help me get my I-140 so that I’ll be able to extend my H1B by another 3 years.

Answer: Of course its possible to have your status changed to F-1 although you will have to wait up to six months for CIS to give a ruling on your application for COS. It’s advisable that you apply for your F-1 visa at your home country US consulate.

It’s not practical to consider applying for a green card yourself under either the “extraordinary ability” or “national interest waiver” standards. Its advisable to obtain your student visa first, then your employer will start the “ GC “ process while you pursue your MBA.

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