Help please regarding status transfer from F1 to H1 during GC...

N

nice74

New Member
Hello this is my second post.
Anyways here is my question.
I have a Green card.
My spouse is here in US with F1 visa.
If apply for my spouse for a Family based Green card(based on my GC) and if she wants to convert to a H1B visa from current F1 Status, Will it create a problem? I heard that INS might reject H1B petition if GC processing is Pending?
Can someone give some insight?
Does anyone have any kind of experiance.
Thank you in advance for your help.
 
Hi,

as a green card holder you can petition for your wife's I130 but do keep in mind that it takes approx 4-5 years for an immigrant visa number to be available. In this duration if her current status expires she will be considered out of status.

she can file for her own H-1B when she graduates of out school. I am not sure on the INS rejecting her visa application based on an I130 petition but in your case till you become a USC its going to take atleast 4-5 years before a visa number becomes current.

Hope this helps

Sachin.
 
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