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F1 and green card application

Published May 6,2011 By GCforPhD

Question:

I just discovered your website .

I am a PhD Candidate in English Education. My dissertation is almost done and I am waiting for the best time to graduate. Some people told me not to graduate or do OPT since I have to leave if I can’t find a job. I am facing a dilemma. Which way is better
1. maintain F1 status and do self petition on my own now ?
2. do self petition after graduating while I am doing OPT?

Answer:

It is possible to apply for a green card while on an F1 visa. However, there are risks involved.
Filing I-140 implies an intent to immigrate. Therefore 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 if you are sure of i-140 approval and if you are sure that you do not need a F1 renewal before your 485 is approved.

In general it is a safer option to apply while on  H1B.
You can see the free e-book on our website and the USCIS NIW requirements.
Best of luck

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