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I am planning to apply for my EB1 visa in 2015. However, if it is rejected, will it affect my H1 application next year.

Immigration 5 views 6 answers
I am currently employed full-time on OPT status . (Expires april 2016). This Year my H1 application was not picked up in the lottery. Therefore, I am planning to apply for my EB1 visa in July 2015. My Question is- if unfortunately my EB1 application is rejected in 2015, will it negatively affect my H1 application next year (april 2016) or my future prospect of green card? Or H1 application process is entirely separate from EB1 application process. Thanks in advance.

Attorney Answers

6
Hany Brollesy ·
Your Eb1 petition is independent from any future H-1b petition sponsored by your employer.
0 upvotes
Karen-Lee PollakImmigration AttorneyDallas, TX ·
H1b is separate from a green card application. A green card denial would not effect your H1b status or applying for an extension
0 upvotes
F Capriotti 2793192.Html ·
These are not connected. It would be a good idea to talk to an attorney in private about the EB-1 ... it isn't that easy to get if you are a recent graduate.
0 upvotes
Harvey Zeytuntsyan ·
Generally, the H-1B is a "dual-intent" visa, so it should not be detrimentally affected by an immigrant visa petition. However, travel while on F-1 status may be affected if one has an EB-1 pending (immigrant visa petition). F-1 status requires non-immigrant intent. Be sure to discuss any travel plans with your lawyer.
0 upvotes

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