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  • Pending permanent resident

    With pending permanent residency (I-485 with AP/SSN/EAD), can I apply for H visa, F visa, or E visa?

    My visa has expired and now I am pending permanent resident. I was wondering if I can apply for other visa just in case my I-485 gets denied

    Thank you for reading and any advice is appreciated.

  • #2
    I would advise against it. When they find out you have a pending i-485 application, you could be seen to have immigrant intent which would make you ineligible for the F and E visa. I think you would be in the same situation with most H visas, with the exception of the H-1B, which doesn't open until April '21.

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    • #3
      US "visas" are solely for entry and you don't need to "enter" if you are already inside the US; thus you cannot get a visa while inside the US. Do you mean you want to change into one of those statuses instead?

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        Sorry for the misunderstanding, when I turned 21 I was no longer dependent of my parents E visa. Thus, my parents have applied me as F visa just in case if our I-485 gets denied.

        Yes, to the previous comment, our attorney has warned us that with I-485 pending there is a high chance F visa will be denied.

        However, my parents were wondering if I can change to E visa with change of status F visa pending. One of our attorney said yes and other is saying no.

        I was wondering if someone here had any similar experience or advice

        Any advice is appreciated. thank you!

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