I am waiting on U visa. Applied on OCT 2014. Im working on OPT and want to apply H1 this year.

Immigration 4 views 3 answers
So, Can I apply H1 while waiting on U visa. Because I think u visa will take little longer and my Opt expires in end of sept 2014. what are the options for me? Apply for H1 to maintain my status or wait for U visa and also I dunno approval/denail of the case.

Attorney Answers

3
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
Yes you can, if your maintain your nonimmigrant status all the way to September 30, 2015 or you fall under the GAP CAP. I assumed your visa will be CAP subject, of course. Talk to the employer's lawyer.
0 upvotes
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Yes, an employer could petition you for an H-1B, but you will only be able to change status to H-1B in the US if previously maintained valid non-immigrant visa status. If you did not and will need to depart, you could then be subject to the 3 and/or 10 year inadmissibility bars.
0 upvotes
Irina Kogan ·
AS long as you are in a valid nonimmigrant status on September 30, you can change to H1. Otherwise you will have to seek consulate processing on your H. U has nothing to do with any of it.
0 upvotes

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