EB based GC process on F1

R

rnepal418

Registered Users (C)
One of my friend asked me one question that I could not answer it, so I thought this is best place to ask.

My friend who is in F1 (OPT) status since Sept.2007. He got decent job currently, as H1 quota is already consumed, he has to wait till April, 2008 to file h1B. how wise is it to start LC process and I-140 /I485 now as he will be eligible for EB2 and it will be current for his country. To be on safe side can he able to file h1b on april 2008 even he will be filed 485 by then?
What will be the chance of rejecting I-140 as will be on F1 status at that time and it is not dual intent visa.
 
In order to file for I-140 / I-485, your friend must be in the country on some visa that permits the above. Once the EAD is approved, there is no need of H-1B.

Please note that F-1 is not dual intent.
 
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