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I am currently working with Texas A&M University on H1-. My…

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Hi,I am currently working...

Hi,I am currently working with Texas A&M University on H1-B. My employer is in the process for filing for labor certification for PERM in EB2 category, but my H1-B Is expiring soon i.e. 05 May 2018.
I was wondering what my options are?
Is it possible to change to F1 (Student visa) status?I would really appreiciate if you could please get back to me on this at your earliest convenience.Thanks,
Shweta

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I am on H1-B and no I don't have any pending applications or petitions with USCIS.

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Im just working with my university's immigration office. but, now i need advice from an attorney.

Submitted: 7 months ago.Category: Immigration Law
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Answered in 1 minute by:
10/3/2017
Immigration Lawyer: Expert James, Lawyer replied 7 months ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,126
Experience: Write FOR JAMES to get my help!
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Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

During this conversation, you might experience some delays while I work with several customers at the same time, or I am preparing a response to you. Please do not click Opt Out expecting a faster response. This results in more delays while waiting for another Expert. I assure you I will help you in due time. Thank you in advance for your patience and understanding.

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Customer reply replied 7 months ago
thanks.
i appreciate it.
Immigration Lawyer: Expert James, Lawyer replied 7 months ago

When you say the H1B is expiring, do you mean you are coming to the end of your 6 years?

Are you determined to remain in the US for the duration, or would you and your employer consider allowing you to leave the US temporarily?

Have you spent any time outside of the US over the past 6 years and recouped all of that time?

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Customer reply replied 7 months ago
my six year period of H1-B is expiring.
It was expiring on Feb 06, but we were able to extend that to May 05, using the time spent out of the country in the last six years.
I would rather stay here versus going to India, but that's why I am asking what my options are? I can go to F1 visa since I am already enrolled in a PhD program. So, if you could tell me my options that would be great.
Immigration Lawyer: Expert James, Lawyer replied 7 months ago

I received your request for a phone call, but something went wrong with the request. If you want to continue with the phone call, then you must contact customer service to fix the problem: 1(###) ###-####

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Customer reply replied 7 months ago
I don't know why that happened. i am okay with just chat if that's fine
Customer reply replied 7 months ago
are you still there?
Immigration Lawyer: Expert James, Lawyer replied 7 months ago

Yes, I am still here. Each time you respond asking me if I am still here, your question goes to the bottom of the list, causing more delay. Your patience is very much appreciated.

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Customer reply replied 7 months ago
your freaking website put fraud charges on my credit card!!
Immigration Lawyer: Expert James, Lawyer replied 7 months ago

It is not "my" website. And I don't know what you are talking about. I use the site like you do, except that I am on the answering end. I do not have any access to your billing. That is why I sent you the phone number to contact Customer Service.

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Immigration Lawyer: Expert James, Lawyer replied 7 months ago

Do you still want my answer or do you want to end this now?

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Customer reply replied 7 months ago
I am not happy with your responses. I don't think this is professional.
If you do have an answer for my query, then tell me or otherwise, I will opt out.
Immigration Lawyer: Expert James, Lawyer replied 7 months ago

First, I have not given you any responses yet because of your administrative concerns.

I was ready to answer and happy to do so. But you indicated that you are upset about the charges. If you will just confirm that you want to continue, I can answer you now.

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Immigration Lawyer: Expert James, Lawyer replied 7 months ago

OK, I'm just going to assume that the answer is yes since you said you wanted an answer now. Again, I have nothing to do with the charges that were assessed. I do not have access to that information.

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: Yes, it is possible to change your status to F1 student status. And you can do that even before the expiration of your H1B. That way, you can suspend the H1B clock. Then once you are close to the 365 days after filing the PERM, you can apply for a change of status back to H1B to restart your 6 years H1B clock. And before the H1B 6 years expires, you can apply for the 7th year extension of H1B based on the PERM filed 365 prior.

The other option would be to leave the US and stop and start the H1B clock in the same way as above.

I hope that answers your questions. I'm really sorry for the confusion that the system has caused. But please keep in mind that I do not have any control over that. If you have any additional, related questions or require additional information related to this, please do not hesitate to ask them now.

Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

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Category: Immigration Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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