Browns Mills, NJ asked in Immigration Law for New Jersey

Q: I never held H1B and I have my PERM approved. i want to know impact of filing I-140 on F1 visa while on OPT.

i have been working in the US for the past 2 years on my OPT. I wasn't lucky in the H1b lottery for the past two attempts and i still have one more chance next year.My OPT ends in June 2017. Mean while my company has filed my PERM and i got it approved. I am trying to make a choice of whether i should hold off until i get my H1 for filing I-140. I want to do second masters if i don't get though H1B next year lottery but i am not sure how pending/approved I-140 will impact this plan.

following are my questions:

1) Will my OPT/ F1 get revoked once my I-140 gets approved?

2) Does my I-140 impact filing of Cap gap once i get approval for my H1 next year?

3)If I want to stay back in US and apply for my second masters (MBA), will the I140 impact in getting a new I-20 (assuming I miss the H1 lottery next year)?

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1 Lawyer Answer
Leonard R. Boyer
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Answered
  • Immigration Law Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: Your questions should be directed to your company's immigration attorney. However, you need to remember that the attorney works for the company not you. Each situation is unique. Immigration law is much more than filing out forms. You also did not provide a sufficient factual basis to answer your questions. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. Good luck.

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