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Sujit Pati

Does applying for a F1 visa impact your I 140 submitted under L1?

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Hi There, I'm on L1A and maxing out the 7 year period soon. To continue staying and working in USA, got a suggestion to change the status to F1. My current employer has submitted for my green card (I-140 getting submitted) under EB-2 (yes you read it right, in spite of being on L1A for more than 6 years the company decided to submit green card as EB-2). Does the F1 application impacts on the I-140 process and vice versa? If F1 get approved, will it impact in the green card process? Thanks.

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If you have an I-140 pending you have shown immigration intent. That means you can't get an F1, because the H1 doesn't allow immigration intent.

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In view of the Immigrant intent shown by you, a COS to F1 or obtaining an F1 visa will be near impossible. It may be possible to return for a year and then have the company file a cap-subject H1 for you in 2024 or send you back in L1A status at an appropriate time.

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23 hours ago, JoeF said:

If you have an I-140 pending you have shown immigration intent. That means you can't get an F1, because the H1 doesn't allow immigration intent.

I meant the F1 doesn't allow immigration intent (my phone "auto-corrects" F1 to H1 for some reason...)

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