• February 2019
    M T W T F S S
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Can I apply for a green card while on OPT, waiting to change my status to H-1B?

The thing about visa applications is that some allow dual-intent (meaning that you are applying for multiple visas/green cards) while others do not. Here is a quick breakdown of which visas you’ve discussed here allow or don’t allow dual-intent:

  • H-1B Visa -> yes
  • F-1 Visa -> no
  • J-1 Visa -> no

Basically, some visas are not intended for permanent residency and clearly indicate that the individual is only in the country on a temporary basis. If you come to the country under one of the the visas that does not allow dual intent, then it may be viewed as fraud. It may be more appropriate for you to file a change of status rather than apply for a green card while in the US on certain visas. It’s totally fine to change your mind about your intent for being in the country, but you need to ask for permission to change / adjust your status before your current visa expires.

To better help you, you should consult an immigration attorney. They can help streamline the process and help you better understand your options. LawTradeswould be happy to connect you with on of our knowledgeable immigration lawyers. Not only do our attorneys complete legal projects at transparent flat-fees, but we also offer a service called Micro. For a low flat-rate (usually $25), you can ask one of our attorneys a question about your situation and you’ll receive a customized answer within 48 hours. Hope you give us a visit!

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