F-1 Visa

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

17 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.

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From H-4 to F-1

17 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?

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F Visa – What is it?

F Visa - What is it?

Nonimmigrant Visas

Profession/Occupation

Students

Immigration Law

Visa

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B-1/B-2 Extensions During F-1 Applications

22 hours ago By Chief Editor

Question details

Is it advisable to extend a B-1/B-2 visitor visa while applying for an F-1 student visa?

FAQ Transcript

Transitioning from H-1B to B-2 and subsequently applying for F-1 status receives heightened scrutiny regarding non-immigrant intent. Applicants must provide strong, legitimate justification for returning to school to demonstrate that the change of status is not merely a strategy to prolong their stay in the U.S.

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Rajiv's Comments in Financial Express - Indian students on CPT now at risk of losing status over school’s mistake – Attorney explains SEVP crackdown

3 weeks ago By Chief Editor

Published by Financial Express - August 20, 2026
https://www.financialexpress.com/immigration/indian-students-on-cpt-now…

Quotes and Excerpts from Rajiv in the article:
On paper, the SEVP message does not change the existing CPT rules, said immigration attorney Rajiv S. Khanna of Immigration.com, speaking to Financial Express.

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Rajiv's Comments in The Times of India - Lawsuit filed challenging Trump admin’s final rule ending ‘duration of status’ for international students

4 weeks ago By Chief Editor

Published by The Times of India - August 18, 2026
https://timesofindia.indiatimes.com/world/us/lawsuit-filed-challenging-trump-admins-final-rule-ending-duration-of-status-for-international-students/articleshow/133324668.cms

Quotes and Excerpts from Rajiv in the article:

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Domestic Travel Protocols

1 month ago By Chief Editor

Question details

Is it safe to travel domestically within the US while my immigration status is pending?

FAQ Transcript

While widespread stops are not commonly reported, they are possible. It is best to avoid optional travel. If you must travel, carry your passport, I-94, approval notices, and proof of your ongoing status (like pay stubs or transcripts).