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If my petition doesn't get approved, will I maintain my current f1 status?

Dallas, TX |

I am in the U.S. with a student visa(It will be valid up to the next three years since I'm not going to graduate by then). A company wants to file a petition for me (EB2 based on exceptional ability). In case it doesn't get approved, will it cause any problem for my current f1 status? Or I could continue my studies as a f1 as before?

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Attorney answers 3


As long as you continue to be a student you should be okay. Best to consult an immigration attorney.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


Yes, you will have issues. F1 visa is not a dual intent visa. If you file for a green card, it shows intent to immigrate. You should discuss your status with your attorney before you file.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.


Yes, but you will likely experience difficulties traveling abroad. F-1 requires that you have no immigrant intent. A green card case is evidence of immigrant intent.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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