Any potential problem with H1b application after file 140?

[mimihu]

Gurus,

I am about to file GC petition underNational Interest Waiver. I am still in OPT and will apply h1b soon. My lawyer said that there will be potential problems when I apply H1b since h1b is non-immigration visa. My understanding is that h1b is dual intent so there should be no problem. My lawyer said that it was true for h1b holder. But for f1 student, this could cause potential problem in applying h1b. Is that true? Do I need to apply h1b before file GC petition?

Need your advice.

 

[lamonte]

Originally posted by mimihu
Gurus,

I am about to file GC petition underNational Interest Waiver. I am still in OPT and will apply h1b soon. My lawyer said that there will be potential problems when I apply H1b since h1b is non-immigration visa. My understanding is that h1b is dual intent so there should be no problem. My lawyer said that it was true for h1b holder. But for f1 student, this could cause potential problem in applying h1b. Is that true? Do I need to apply h1b before file GC petition?

My guess is that your lawyer said that F1 is a non-immigration visa and you may run into a problem with that, therefore it would be safer to get a dual intent visa such as H1B first. That's a common advice.

 

[mimihu]

what about h1b?

I am alos applying h1b right now. The situation is that I don't want to waste several months to wait the approval of h1b. What I am worrying is that if I file I140 right now, whether there is any problem in my h1b application. Anyone has this experience?