Is this right...?

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Can I change status (F1to H1B) during Green card processing? Scenario: I have applied for GC under EB2 Category and my current visa status is F1 and about to expire and my employer agree to apply my H1B. Please help la!

CA_Girl · Apr 12, 2010 10:57 AM · 11,949 views

2 Replies

It shouldn't be a problem. Did you check with your lawyer?

jaynir · Apr 26, 2010 9:38 AM

I think u should be all right. F-1 is not dual intent (your sole intention is to aquire knowledge and return) as H-1 so going from H-1 to F-1 while under EB2 process might not be possible, since you have shown your interest to stay in US by applying for EB2. However, going from F-1 to H-1 which is a dual intent SHOULD NOT be a problem. Unless a legal expert comes here and responds to these questions, I strongly advise other posters to also consult an immigration lawyer (we have so many Nepali lawyers now) and maybe post on immigration forums that are rampant nowadays. Immigration issue is a serious one and you can't rely on these kinds of info sharing places to make such a huge decision.

Kiddo · Apr 26, 2010 9:47 AM

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