Can F-1 change to H1 after filed I-130?

[suxx0011]

Hi,

Does anyone know if a spouse of a GC holder filed I-130 would be able to later change into H-1 visa in U.S.? As I know, H1 is a nonimmigration visa, by filing I-130 you demonstrated the intention of immigrating to U.S. So, would filing I-130 jeopardize the chance of getting H1 visa? Would I be able to get OPT without problems?

My case: F1 student recently married to a GC holder; Expect to graduate in about one and half years. I plan to file I-130, but the waiting would be too long, so I may consider to get an H1 visa after my graduation so that I can stay in U.S. legally while waiting for my family-based GC. I might then file an employment-based GC application at the same time.

 

[whiz-kid]

On F1 itself you can have 4 years

If you can spread out coursework for example not taking optional summer enrollment then on F1 you can take 2 years to graduate from your current estimate of 1.5 years.

In the interim you can try for 1 year CPT and 1 year OPT after graduation so you have approximately 4 years on F1.

Yes you can change to H1 later on after I-130 filing. Meanwhile your spouse can become citizen. F1 too is a non immigrant visa so dont worry about intent.