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I-140 approved in F1- OPT. Is it legal to apply GC in F1 status?

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  • I-140 approved in F1- OPT. Is it legal to apply GC in F1 status?

    Hi There,

    I have completed my bachelors in India and did my Masters in USA. I have been in F1 status from August'2008 - Jan'2012.
    and had my OPT extension from Feb'2012 - July'2013. I have applied for my H1B in April'2013 and still waiting on that...

    My problem is , my Employer has started my GC process (EB2) in 2012 and my Labour (1st stage of GC) got approved and my I-140 got approved in April'2013.

    I heard people saying that its not recommended to apply GC, while in F1 status and I-485 will be rejected in future for sure.

    My question is- Did i violate my F1 status ? and Can i proceed with I-485 in Future ? and If I apply for I-485 , is there any chance to get rejected due to this issue ?

    Thanks In advance....

  • #2
    Please consult the attorney who filed it for you. I believe you will be fine. You can apply for GC anytime if you are eligible under that catagory. Your attorney needs to defend you case strongly. Thats it. But again. That is what my understanding. Not necessarily its true. Confirm with attorney and you will be fine.


    • #3
      not recommended but it is not a problem if you dont go out of country


      • #4
        till you get h1b u should not go out of country ..


        • #5
          Its not a problem you need an employer who can file it