F-1/F-2 Student Visa/Optional Practical Training (OPT)
Will there be any problem for my OPT if I am not approved for EB2?
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Post by on 15 Jan 2014
Since the OPT is still considered as F-1 visa and I won't be on H1 visa till May or August, will there be any problem for my immigration status if I am not approved for EB2?
Post by on 15 Jan 2014
Neither filing an I-140 nor I-140 denial will change your current visa status. But, if you were to try to extend your OPT after filing the I-140, you may have problems for the reason that the F visa does not allow immigrant intent, and by filing the I-140, you will be showing your intent to immigrate, to some extent. You should not have any problems with getting an H-1 visa related to having filed an I-140, as the H visa does allow immigrant intent.
