My wife is currently in 4 Visa status . We have filed an i - 539 for change of status to 1 visa as she is pursing her Masters in a local university . The case is in initial review and not been approved yet . She has been offered a job and the company is willing to file an Heb Visa for her this year . If her 1 Visa status is not approved yet till 1st April ( 1st day of Heb Filing ) , will it be OK to have 2 pending applications ? Please advice .
Having more than one application pending at a time is at best tricky, and could result in the person not ending up with the status desired.
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Bad idea. If her F1 is approved before H1, and the H1 is approved then, the H1 will not be valid and you will have to refile. Wait until F1 is approved and then decide.
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3 lawyers agree
It is best to seek consular processing in this case. She can continue her studies and join the employer when she is ready.
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