Question about F1 OPT filling I140/485

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flingtiger

Registered Users (C)
My friend is in F1 OPT period, want to apply I140/485. I thought it will create problem since F1 does not have dual intents. If he apply now, his F1 status will be lost. Any one can tell me what trouble he will have in the future?
 
His status won't be lost of course. But you're correct, being in F1 won't help his case. Moreover, F1 OPT is only 1 year, and there's really no chance that his petition is processed in that time, most likely it will be colse to finish of his OPT by the time he puts all the paperwork together, so why not get H1-B right away?
 
fast_gc_seeker said:
I believe min requirement for 485 is 140, 140 is labour and for labour is H1.
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Obviously that's wrong. With EB-1 and NIW LCA is not required therefore you don't have to be in H1. But you might want to.
 
flingtiger said:
My friend is in F1 OPT period, want to apply I140/485. I thought it will create problem since F1 does not have dual intents. If he apply now, his F1 status will be lost. Any one can tell me what trouble he will have in the future?
Click to expand...

Hi, I am a new member and have the same concern as Flingtiger. I am in F1 OPT period and want to apply EB2(NIW) based I140/485, and my employer will apply H-1B for me this Oct, so do u guys think I should wait until I got my H1B then to file I140/485 (I need time to prepare so I would think I can file it around Dec).
Very confused about F1 to apply I140. If my I140 being denied, would that affect my H1b. I mean can I apply them both at the same time. Thanks for any kind response.
 
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