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Change of visa category after I140 approval

Published Jul 28,2024 By Subhamoy Chatterjee

I currently hold a J1 visa and a waiver for the 2-year home country residency requirement.
I am planning to submit a self-petition for EB1A by next month. In case my I140 gets approved will it be possible to change my status to H1B and still use the approved I140 (while on J1) later on for adjustment of status? I am asking this as my J1 expires on Feb 28, 2025, and my employer will need to change my visa category so that I can continue working.

Posted in EB1A
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3 months ago

Yes, you should have no issues switching to H1B while your I140 is pending or approved. H1B is a “dual intent” visa, so there is no conflict in immigration intents.

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