Is it possible to apply for an H1b visa even though my F1 case is pending with USCIS?

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Is it possible to apply for an H1b visa even though my F1 case is pending with USCIS?

I have applied for an F1 visa but have not been approved yet. Planning to apply for H1b in 2 months.

Asked on February 24, 2015 under Immigration Law, Georgia

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

What is your current status in the US?  First of all, the H-1B is something an employer petitions for on your behalf.  That can certainly be done if the job you are being offered and your education are such that they are eligible for H-1B classification.  Secondly, if the petition is approved, if you are in the US in valid status, your status will automatically change to H-1B.  If you are not in the US lawfully you will have to go for consular processing at the US Embassy/Consulate in your home country.


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