Is it possible to apply for an H1b visa even though my F1 case is pending with USCIS?
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Is it possible to apply for an H1b visa even though my F1 case is pending with USCIS?
I have applied for an F1 visa but have not been approved yet. Planning to apply for H1b in 2 months.
Asked on February 24, 2015 under Immigration Law, Georgia
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
What is your current status in the US? First of all, the H-1B is something an employer petitions for on your behalf. That can certainly be done if the job you are being offered and your education are such that they are eligible for H-1B classification. Secondly, if the petition is approved, if you are in the US in valid status, your status will automatically change to H-1B. If you are not in the US lawfully you will have to go for consular processing at the US Embassy/Consulate in your home country.
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