Tech IndustryMay 9, 2018
MicrosoftSjdjej

Is H1B needed for I-140 approval?

I am on F1 OPT and haven't got H1B during my first two tries. However, MS is parallely processing green card. First of all, is H1B required to get I140 approval? If not, will my my priority date be locked if I140 gets approved without H1B? I'm not seeking legal opinion but I hope a lot of people would've been in similar situation and they can share their experience.

Microsoft tpk2w5 May 9, 2018

My i140 was approved 2 days after I got selected in H1 B lottery. But I dont think H1B is needed for that. Read FAQ on I140 sent in email.

Netflix 7qwerty May 9, 2018

You don't need h1 for this. The only problem that you can have is time. You can't extend your stay if you're on F1 Visa (while waiting for GC), which is possible for H1

AQR releetcode May 9, 2018

F1 Visa is not dual intent, wouldn't that be a problem if you start processing your Green card? that's what Fragomen told me.

Apple SelfDeport May 9, 2018

Nah that’s BS. Intent only matters when you apply for a visa and apply for admission into the country (coming back after travel). It does not apply while here.

Microsoft QNtY34 May 9, 2018

Nope, not needed.

Intel mesosmart May 9, 2018

I got mine approved before I got H1. Only problem is that once i140 is pending, without H1, you cannot travel internationally. Yes your priority date is set.

Microsoft maverickk May 9, 2018

Not needed. Mine was approved while I was still on OPT

Microsoft LPiV33 May 9, 2018

Not necessary but that just a safety. If your OPT expires and your perm is not current or somehow your 485 gets denied due to some reason then though your 140 approved the you will be out status immediately because you won’t have any status. 140 approval does not five you any status and only 485 does