NIW/ H-1 and F-1 issues

ludakris

Registered Users (C)
Hi:

I have filed I-140 (EB-1 & EB-2/NIW) with CP and I'm currently on an F-1 (student visa). Since I have been on Curricular Practical Training (CPT) for the last 2 years my F-1 visa will expire soon (45 days) after I defend my Ph.D. thesis. There are a lot of companies willing to sponsor an H-1 visa for me.

My question is: Does my having filed 1-140, in any way, hamper my getting an H-1. Or in other words, can I transfer my visa status from F-1 to H-1, while having filed an I-140.

Thanks.
 
Originally posted by ludakris


My question is: Does my having filed 1-140, in any way, hamper my getting an H-1. Or in other words, can I transfer my visa status from F-1 to H-1, while having filed an I-140.

Thanks.

You can obtain your H1 while your 140 is pending or even approved.
 
The real issue is that unless you apply for H1 very soon, the quota for H1 this year might be over and your H1B will be approved with a start date of Oct 1, 2004. Based on today's reports we are talking a day or two.
 
thanks raj,

but i think i'll probably need to look for an h-1 in the early next year...so i think i should be okay.
 
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