QUESTION

Transfer of visas from H1B to F1 when Green Card is already in process

Asked on Feb 06th, 2014 on Immigration - Ohio
More details to this question:
I completed M.S in Comp Sci in Dec-2009. I started working on OPT in 2010 and then STEM-OPT from Jan 2011 to Sep 2011 and after that on H1-B (My H1B started on 1st Oct 2011). I started working for another company last month (Jan 2014) and they are going to start my Green Card processing in 2 weeks. HR rep said LCA & I-140 should not take more than a year after we file for GC. My questions are: 1. I plan do start full-time MBA in Fall-2016. I read somewhere that there might be some complications involved while transfer of visas from H1B to F1 when Green Card is already in process, and there are chances that my F-1 visas might get rejected. Is this true ? 2. Secondly, if my F1 visas does get approved, I will have 16-18 months left on my second & final H1B visas. Will I again have to apply for new H1B visa after MBA and wait until 1st Oct 2018 to begin working OR it's just a simple process of turning it back on with my post MBA employer ? And am I eligible for OPT post-MBA ?
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1 ANSWER

Immigration matters for employers, executives and professionals Attorney serving Beachwood, OH at The Law Offices of Brian J. Halliday, Inc.
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Some of what you are proposing to do can create issues for your immigration process - possibly serious issues.  I recommend that you make an appointment with a competent immigration attorney and go over your case so you are properly and completely advised.  Do not rely upon internet searches. 
Answered on Feb 07th, 2014 at 1:00 PM

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