Whether it’s difficult to change to F-1 status while I-360 is being processed
I’m currently a full-time pastor.
I have a question about my visa status, so I’m reaching out.
I began ministry in October 2020 on a religious visa. I extended the religious visa in October 2022, and started the green card process, filing I-360, which was approved in January 2023. However, EB4 has continued to be delayed, and I still haven’t been able to file I-485 — I’m just waiting for the priority date.
My I-94 expires May 2025, and my religious visa expires June 2025.
With the help of a conference in March 2024, I applied for H1b, but wasn’t selected in the lottery. I plan to apply for H1b again in 2025, but I know there’s no guarantee.
Given this situation, I’m looking for ways to stay in the U.S. until I can file I-485.
I considered a student visa, and at the same time, using CPT to keep serving my current church. So I applied to a Doctor of Ministry program at a U.S. seminary starting spring semester 2025, and was accepted. However, the school explained that I-20 issuance is only possible before the semester starts, not mid-semester after a work visa result comes in, so I’ve postponed enrollment from spring to fall semester, and plan to apply for a student visa in April for the fall semester, depending on the work visa result.
However, since I already filed I-360, I’ve heard there’s a risk that my student visa might not be approved. If I apply for a student visa next April and can stay in the U.S. during visa processing, but if my I-94 expires, I would no longer be able to stay after that and would have to leave the U.S. immediately — it’s a frustrating situation in many ways.
So I’m looking into options and reaching out this way.
Would it be okay to start school next spring semester, get I-20 in advance, stay on a student visa, serve the church through CPT, and apply for the work visa next March? Wouldn’t going through religious visa, then student visa, then work visa in such a short time period look bad to USCIS? I’d appreciate your advice.
Hello. We can only offer brief general information here — detailed consultation involving accountability is only available through paid ($100) phone consultation.
To give you some information: after filing I-360, a change to F-1 status becomes grounds for denial. Typically, attorneys advise clients anticipating this kind of status expiration to file for the F-1 change first and then file I-360. If you weren’t given that advice, that was somewhat unfortunate. Please be sure to apply for H1b again next year, and we hope I-485 opens up before then.