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Self-petitioning while on F1 visa

Published Dec 5,2012 By GCforPhD

Question:

I am a PhD candidate and will graduate sometime in Summer. I am planning to apply for NIW (self-petition) and I am wondering about the risks. In case my I-140 application is rejected can I renew my F-1 visa? can I apply for OPT? or should I wait till I graduate and then file I-140? Thanks.

Answer:

Applying for I-140 implies an intent to immigrate. Therefore you have the risk of not being able to renew your I-20/F1. You can apply while on OPT. But again you cannot extent your OPT or F1 if needed.

Please see http://www.greencardpostdoc.info/tag/f1/

Posted in F1

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