Immigration Issues/F1 and PERM and H4

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Question
Hi Ajay,

I am currently on my OPT. My husband  is in H1B and his company filed for his PERM  on Oct 2010.

Question: Is it mandatory for me to convert to H4 or I can continue with my OPT/F1 status in order for get along with him for acquiring the Greencard when he gets on ?

Answer
Hi,

It is OK for you to continue on F1 status at this time. However, when PERM is certified and your husband's company files the I-140 (petition for immigrant worker) then your name would be noted in the I-140 petition as a family member who is planning on immigrating to the U.S. Since F visa status is not compatible with an intent to immigrate to the U.S., you should consider changing to H visa status at time of I-140 filing, esp. if you are planning on traveling abroad and entering on F1 visa stamp. H visa status allows for intention to immigrate to the U.S.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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