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Can I apply for GC as a student

Published Jul 6,2011 By GCforPhD
Question:
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
Answer:
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
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Polina
Polina
11 years ago

Hello,

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
admin
10 years ago
Reply to  Polina

Hi

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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