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I-140 and H-1B

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  • I-140 and H-1B

    Can you fill an H-1B application AFTER you have filled an I-140 if the processing of I-140 takes too long and would put you out of status? Assume that the person has maintauned legal status under OPT/F-1. Would the immigration intent proved by I-140 impede on the H-1B application. How does the dual intent theory work in this case?

  • #2
    Can you fill an H-1B application AFTER you have filled an I-140 if the processing of I-140 takes too long and would put you out of status? Assume that the person has maintauned legal status under OPT/F-1. Would the immigration intent proved by I-140 impede on the H-1B application. How does the dual intent theory work in this case?

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    • #3
      You certainly can apply for H-1B while I-140 is pending. In fact, there are many people who do exactly that. As you pointed out, H visa/status allows for dual intent. In plain English that means that you can apply for immigrant visa without jeopardizing your eligibility for H-1.

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      • #4
        Thanks, Aibolit. I really appreciate your help.

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        • #5
          If your I-140 is pending, you are allowed to extend your H-1B up to 1 year.

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