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Hello,
I'm in this interesting situation where simple googling didn't help. Basically, I'm on my STEM OPT (F-1) right now with recently approved H1B which is set to get activated on October 1st (change of status). Meanwhile, I just got my PERM certified and going to apply to I-140/I-485 concurrently in a few weeks. Now, I'm wondering how should I fill in I-140/I-485 forms... Technically, my current visa status is F-1 and I-94 expiration date is D/S. But if I fill it in like this and omit my upcoming automatic transition to H1B, what happens if I-140/I-485 are pending beyond October 1st? If they start looking at my I-140/I-485 after October 1st, my visa status is no longer F-1 and my I-94 expiration date is no longer D/S at that point, although I-94 number stays the same, they don't change when you COS from F-1 to H1B. I'm also consulting with my attorney but just wondering if anyone has thoughts and suggestions on this.
Thanks,
Dake.
I'm in this interesting situation where simple googling didn't help. Basically, I'm on my STEM OPT (F-1) right now with recently approved H1B which is set to get activated on October 1st (change of status). Meanwhile, I just got my PERM certified and going to apply to I-140/I-485 concurrently in a few weeks. Now, I'm wondering how should I fill in I-140/I-485 forms... Technically, my current visa status is F-1 and I-94 expiration date is D/S. But if I fill it in like this and omit my upcoming automatic transition to H1B, what happens if I-140/I-485 are pending beyond October 1st? If they start looking at my I-140/I-485 after October 1st, my visa status is no longer F-1 and my I-94 expiration date is no longer D/S at that point, although I-94 number stays the same, they don't change when you COS from F-1 to H1B. I'm also consulting with my attorney but just wondering if anyone has thoughts and suggestions on this.
Thanks,
Dake.
