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Immigration Issues/F1 to H1B and planning for GC

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Question
I am currently on F1 and will apply for H1B in April 2014. My husbandís employer is ready to start his green card processing now. My queries are:

1)   If my husband starts his GC application now and includes me in his application as dependent, will there be any conflict in my H1B application?
2)   If yes, what is the ideal time to start GC process to avoid any potential conflict?

Answer
Hi,

H1B/H4 visa status (unlike F visa status) allows for intention to immigrate to the U.S. although it is a nonimmigrant visa. There will be no conflict.

There is also no conflict with your F1 status, since PERM (through which the GC process is normally initiated) takes about 5 months to prepare before it can be filed, and is taking about 6 months for certification after filing, and PERM is not an immigrant petition. The immigrant petition (I-140 petition) is filed after PERM has been certified by the Department of Labor: www.h1b1.com/laborcert.htm

Even if the immigrant petition were to be filed while you were still in F1 status, it would be OK as a practical matter if you avoided applying for an extension of an F1 visa stamp at a U.S. Consulate when you are included in the GC process that is at the immigrant petition stage.

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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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