I entered this country on an F-1 visa and received my undergraduate degree. I then did my one year of practical training. On completion of my practical training, I received my H1-B visa with the company I worked for. I will complete the five years allowed in October. This month I received my I-20 for a Masters program at a university. I do not plan on leaving the U.S. at any point in time during my studies in the Masters program.

Is there anything I need to do with the INS to make this change over from H1-B status to F-1 status or do I leave it up the International Student Office at the university?

Will I be able to get another year of practical training upon completion of my Masters degree?

Also, my mother is a permanent resident and she has sponsored me under a family-based category. I am 31 years of age and unmarried. If I complete my Masters program, there will be about 6 - 7 months before my priority date comes current. Is there anything I can do to stay in the country until that happens or will I have to leave?

You are supposed to file an application for change of status (I-539) along with your I-20 and other supporting documentation. The school does not normally do this for you.

Your pending petition for permanent residence is not a problem while you are in H-1B status because dual intent is recognized in that category. However, dual intent is not recognized in the F-1 category. Your pending petition for permanent residence is technically inconsistent with the requirement that you have bona fide nonimmigrant intent while in F-1 status. Your change of status from H-1 to F-1 may be denied if the existence of the pending petition comes to their attention.

If you are approved for a change of status from H-1 to F-1, the issue of immigrant intent will probably not be a serious issue, at least in the short term. This is because do not intend to leave the United States for the duration of your F-1 status. The presumption of immigrant intent under INA §214(b) only applies when you seek admission or readmission to the United States.

When your F-1 status ends, you will have to leave the United States or change status to another nonimmigrant category. You should be able to get another year of optional practical training under F-1 after your masters degree is completed, since you will have completed a new course of study leading to a separate degree. Alternatively, since you have only been in H-1B for five years, you could get one more year in H-1B before reaching the six year maximum stay.

You may still have trouble with adjustment of status when your priority date becomes current. The INS may accuse you of having preconceived intent when you applied for the F-1 (since you had a pending petition for permanent residence at the time) and deny your adjustment application on that basis. If this occurs, you will have to process your immigrant visa from a consulate abroad.

Note: Since this bulletin was published, I have revised my opinion regarding the alien's ability to obtain an additional year of optional practical training after completing a second degree. A student can obtain authorization to engage in post-completion training only once for the duration of student status. It is irrelevant that the student intends to continue another full course of study after completing the authorized practical training, since the student is allowed only a single one-year period of such training. However, if the alien departs from the United States and applies for a new F-1 for subsequent full course of study, an additional year of optional practical training should be possible.