OPT,H-1B not ted, 到底能不能file140/485啊!

愁死了,版上有不同的意見。LD也是相同的情況。就是怕萬一140/485悲劇,甚至僅僅
是file了都會影響H1B的申請。我們都是OPT,正準備申H1B(本來想是明年初等OPT失效後
再接著H1B). 看來最好還是H1b到手後再開始?下麵是資訊一位律師說的:

The NIW will not effect the H1B (the H1b visa allows for immigrant
intent). To keep things cleaner, you may want to file the I140 at this
time (and not the adjustment of status). While visas may retrogress
again (this is expected), you will still be in your F-1 status and can
then change to the H1B when the visa is current again. BY filing the AOS
now, this could effect your staying in F-1 status and your ability to
change status to H1B in the future. Another alternative is to have the
employer file to change to your H1B status now instead of waiting. This
might be a better solution.

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