Can I apply h1 after filing green card petition?

[Dude_In_GA]

Right now I am on F1 visa (OPT) and working with company A. My OPT is ending in MAY 2004. And my company is ready to apply Green Card for me but I have few doubts.

1) Can I apply for GC if I am on F1 visa or do I have to be on H1B visa to apply for GC ???

2) If I can while on F1 visa (OPT) then will it increase the chances of GC rejection ???

3) If I apply for GC while I am on F1 (OPT) will this cause potential problem in applying H1b later because I will need H1b after MAY 2004 ???

 

[Jharkhandi]

1. You can apply GC while on F1.
2. No. Chances(somebody report BCIS - people have started using word chance for a 'streamline' process.) do not change if you are in F1, however if you are illegal one from Spanish speaking countries - you chance increase tremendously. Enorme - Amigo.
3. H1B has nothing to do with F1 visa.

I would suggest apply GC ASAP and H1B as and when you need it.

 

[sanb]

GC and F1

I thought you can apply for GC only when you are in a dual intent visa like H visa, and F1 is defnitely not a dual intent visa.