I-140 on F1


Recommended Posts


I have Applied for Labor Certification on my F1-OPT status Last Year June-2013 and it has been approved last week.

I am planing to apply for I-140

I have Several questions for going further and applying for 1-140. Present my status is Stem-OPT which is valid till Nov-2013. And I am going to apply for H1 this year April-2014.

1. Can i apply I-140 on F1 or I have to apply only on H1. Will it be any issue if I apply for both H1 and I-140 simultaneously.

2. If i apply for I-140 now. Before applying H1. And let us think I-140 approved and unfortunately my H1 is not picked in lottery. Will it be a problem for me to apply for any University for i-20 to be in valid status and to apply for CPT and work at that time.

3. Can I travel on either H1 or F1 when I-140 in pending state.

4. Can I travel and come back on F1 status in any time in future if my I-140 is approved or denied.

5. Is it mandatory to have same job requirements in Labor, I-140 and H1 applications if I am working with same employer. If there are some differences will it affect any of the above mentioned applications approval.

6. Will it lead to rejection of I-485, if I apply for labor and I-140 in F-1 and I-485 in H1.

7. I am thinking of applying for I-140 some time in May or June 2014 on F1 status. Till that time my H1 processing will be done and I will get to know that my H1application is accepted or denied. Suggest me on this.

8. Let say unfortunately I-140 got denied. Will I am eligible to stay in USA on F1-Stem OPT and work on OPT till my H1 starts in October 2014. Or I have to leave the country immediately once I-140 denied and OPT/F1 no longer valid.

9. If I apply I-140 on F1 and approved. Will it hurts my any amendments or H1 renewals and H1 transfers in future.

10. If my I-140 denied, I have to start the process once again from starting (applying labor again) or I have to apply I-140 with corrections if it done before end of 180 days.

11. My labor is applied with setting my wage as XXXXXX.XX If unfortunately my wage is decreased to XXXXX.XX after I-140 is successful. Will I hurt my I-485 application. Is it mandatory to show all the pay stubs and tax returns for all these years (approx 6 years) when I apply for I-485.

12. I heard that the priority date will be same if unfortunately I changed the employer in future is it correct understanding. And do my employer has every right to make my approved I-140 to be cancelled.

13. What would be my priority date is it my date of Labor application received by DOL?

14. If my I-140 is approved/Denied while I am on F1 status. when I go for H1 stamping after OCT-2014 either in India or Canada Will it hurt H1 stampings. Or will it lead to any Queries.

15. I am planning of applying for Canada multiple entry visa. The Canada visa stamping on one of my passport page will hurt H1 application which I am going to do in this April.

I know I asked lot of questions. But I am in so confused state. Kindly Please help me by answering all the questions above. By your response I will go ahead with I-140.


Link to comment

A GC is independent of H1 or F1.

But, an I-140 does not give you any immigration rights. When your OPT expires, you would have to leave the country or get another stats, e.g., H1.

And it can be years until the PD becomes current. The PD is ALWAYS the date the first application in a case is received by the authorities.

Also, when an I-140 is filed, you can not travel abroad and come back on an F1, because the F1 doesn't allow immigration intent, but the I-140 shows immigration intent.

Link to comment


This topic is now archived and is closed to further replies.