Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

Can I apply for GC as a student

I was just curious to know if I can apply for GC via selfpetition or do I have to go through the process of applying H1B Visa after completion.
I am a student in Univeristy of xxxx, doing my Ph.D in Biotech working on plant virus.
Would appreciate your response
It is possible to apply for a green card while on an F1 visa. However, since filing I-140 implies an intent to immigrate, you will not be able to renew your F1 visa. This is a problem if green card petition is rejected (either i-140 or i-485) or significantly delayed and in the meantime you still want to continue on an F1. So you should only apply 1) if you are sure of  i-140 approval and 2) if you are sure that you do not need a F1 renewal before your 485 is approved. These issues do not exist if you are on a H1B visa.

Best of luck
Green card for Phd Team
Helping NIW and EB1A applications
with our DIY packages

2 Responses to Can I apply for GC as a student

  • Polina says:


    You explain here that while on F1 visa and applying for GC NIW, a problem may occure if one needs to renew his F1 visa and the I-140/I-485 application was denied or pending.
    Is there the same or some other problem for the postdoc on J1 visa? Thank you!

    • admin says:


      While on a J1 visa, you would need to obtain a wavier if your home country has a 2 year residency requirement. Once you have a wavier, you can apply for I-140/I-485. However, just like in the case of F1, it would be hard to renew a J1 visa because you have already expressed an intent to immigrate which contradicts the non-immigrant intent of J1 visa.

      Best of luck
      GC for Phd

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