RanjiniMN Posted August 11, 2015 Report Share Posted August 11, 2015 Hi, I am on F1 visa, completed MS in USA and working on OPT now. I did not get through lottery for H-1b this year and have applied for STEM extension. Is it possible for me to start process for green card while I am on F1 if my company is willing to? Will there be any problems? If so, what would they be? My husband is on H-1b and his I-140 is approved. Would it be better option to switch to H4 EAD and then start the green card processing? I would like to know pros and cons of both options. Can anyone please advise me on this? Link to comment
rahul412 Posted August 11, 2015 Report Share Posted August 11, 2015 Is it possible for me to start process for green card while I am on F1 if my company is willing to? Will there be any problems? If so, what would they be? No, not on F1. Yes you can do it on H4. Link to comment
RanjiniMN Posted August 11, 2015 Author Report Share Posted August 11, 2015 What is the problem in starting the process on F1? I have read about issues with travelling while the process has started and I am on F1, but I do not plan to travel. I have read about F1 not being dual intent visa, but I have read about 90 day rule of change of intent too on this forum. There are opposing views. I would like not to switch to H4 if possible so that my visa won't get tied to my husband's. Hence I am trying to understand the problems or concerns with applying while on F1. Link to comment
rahul412 Posted August 12, 2015 Report Share Posted August 12, 2015 What is the problem in starting the process on F1? I have read about issues with travelling while the process has started and I am on F1, but I do not plan to travel. I have read about F1 not being dual intent visa, but I have read about 90 day rule of change of intent too on this forum. There are opposing views. I would like not to switch to H4 if possible so that my visa won't get tied to my husband's. Hence I am trying to understand the problems or concerns with applying while on F1. 1.A person on F1 is supposed to go back after the education, by filing GC it shows that you are not. So your PERM might be rejected. 2. F1 doesn't allow immigration intent, that means you cannot start GC process when a person is on F1. Link to comment
GNH Posted August 12, 2015 Report Share Posted August 12, 2015 Switch to H4 EAD and do it. F1 is not a dual intent visa category , Link to comment
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.