H1B - F1 Options after 6th year and PERM pending


My situation

October 2012 : Employer Filed for PERM 

January 2013 : PERM DENIED 

                        As the PERM was filled in the 6th year lawyer suggested to file a new petition as the denial came within 3 months 

April 2013 : New PERM filed 

NO news so far : 


My 6 years on H1B complete Oct 01st 

What is the best course of action for me ?


Should i go to F1 (try to get a CPT) or B1 or should i just pack-up and go back 


Suppose by Gods grace my I140 gets approved -

How easy/complicated it is to get back from F1 / B1 to H1B and file for extension ?

Appreciate any suggestions 



Sad to hear it but do not use the F1 Scam! why do you want to risk your future in US?

I have seen people deported! AVOID IT!

PERM current date is FEB 2013 …APR would take certainly more than oct to approve.

What would you do with B1? you are not allowed to work on that. USCIS has strict eye on B1 Abuse.

Talk to a lawyer

Thanks for the response . Well i already have a admission from a State School , so i mean its a real school … So even in this case you think the best course of action for me is to go back ?

i mean i was thinking to join the school and then do COS again from F1 to H1B once my I140 approves (even though it approved after 6 years)

Is this possible ?


F1 from good school is ok. You would not be able to work for first two semesters then you can work. No good school will give CPT from first sem. USCIS is cracking down. If you leave your company I dont know if your I140 processing would be valid! Check with your lawyer.

Well I mean how is I140 related to my F1/H1 as GC is for future employment … Isn’t it ?

I basically want to know if i can do a COS to H1 once my I140 approves ?


Yes you can…But why would any employer continue your PERM if you are not working for them. You can port only your priority date.
If your I140 is approved you can do COS to H1. BTW USCIS does check if you misused your F1 visa which is only for educational purpose and not for working on day 1 CPT.