Can I apply for a green card while on OPT, waiting to change my status to H-1B?

My answer to Can I apply for a green card while on OPT, waiting to change my status to H-1B?

Answer by Raad Ahmed:

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:

  • H1B-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 your status before your current visa expires.

However, while you haven’t indicated any of these factors, you should be aware that some situations don’t allow for a change of status. If you came into the country under one of the following pretenses then you do not qualify for change of status.

  • Visa Waiver Program· Crew member (D non-immigrant visa)
  • In transit through the United States (C non-immigrant visa)
  • In transit through the United States without a visa (TWOV)
  • Fiancé of a U.S. citizen or dependent of a fiancé (K non-immigrant visa)
  • Informant (and accompanying fam
  • ily) on terrorism or organized crime (S non-immigrant visa)

To better help you, you should consult an immigration attorney. They can help streamline the process and help you better understand your options. LawTrades would be happy to connect you with on of our knowledgeable immigration lawyers. Check out our website and let us know if we can help!

Can I apply for a green card while on OPT, waiting to change my status to H-1B?

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