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Results 1 to 5 of 5

Thread: I-140 and H-1B

  1. #1
    Guest
    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. #2
    Guest
    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?

  3. #3
    Guest
    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.

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

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

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