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

Asked about 1 year ago - 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?

Attorney answers (3)

  1. Anu Gupta

    Pro

    Contributor Level 19

    Answered . 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 www.... more
  2. Alexus Paul Sham

    Pro

    Contributor Level 20

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

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  3. J Charles Ferrari

    Contributor Level 20

    Answered . 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... more

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