Can I apply h1 after filing green card petition?

M

mimihu

Registered Users (C)
Gurus,

I am a postdoc research associte in a university and still in OPT status. I am about to file GC petition underNational Interest Waiver. My lawyer said that this will cause problem when I apply H1b since h1b is non-immigration visa. But my understanding is that h1b is dual intent so there should be no problem. My lawyer said that was true for h1 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.
 
I think lawyer has got things confused. You cannot apply for GC when you are on F1. Because F1 is a pure non immigrant visa. In fact by filing for GC while on F1, you are vastly increasing the chances of GC rejection. F1 to H1 to GC is the safest route. This is because H1 has dual intent.
I suggest you find a lawyer who knows something about GC and H1. or maybe you are getting confused by what lawyer is saying.
 
Any potential negative effective on h1b?

Is there any potential negative effect on h1b petition if I apply GC now? Thank you very much!
 
I m also in the same situation. I am on OPT and thinking of applying for GC. and as far as I know when u apply for the 1st stage(labor) of gc, company apply for a position and not for a specific person.
so if this is true we can apply for 1st stage and then apply for H1 ( which is for a specific person) and after getting H1 , we can go for 2nd stage of gc (that is 485 and 140).

But I am not very sure abt it. so plzz suggest.
 
Yes you can apply for H1 after applying for GC. Labor certification application bears the candidate's name and qualifications and experience details. LC can be substituted for an equally qualifies candidate later.
 
hi jaxen,
but in ur last message you said that "You cannot apply for GC when you are on F1. Because F1 is a pure non immigrant visa." But now you are saying that you can apply. So i m little bit confused. Please sugguest which one is correct.
1) Can we apply for GC while we are on F1(OPT) ???
2) If we can then will it increase the chances of GC rejection ???
 
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