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Change of visa type during EB1

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  • Change of visa type during EB1

    I am in 7th year of my L1A stay. My employer is filing GC in EB1 status now.
    As this will not be completed by the end of 7th year, can I change to H1B or H4 during the processing time , will it be fine or will it impact GC processing.

    Will GC be still processing in EB1 category, if I change the visa type to continue my stay in US.

  • #2
    Hi,
    Please see my response below.
    can I change to H1B or H4 during the processing time , will it be fine or will it impact GC processing.
    Answer: I dont think, you can do change of status to H1B as you will have to consider for CAP first. But H4, Yes you can do.
    Will GC be still processing in EB1 category, if I change the visa type to continue my stay in US.
    Answer: There will not be any issues if you change the status to other Non-Immigrant status while GC process is pending. Please make sure, you are meeting all the requirements for EB1.
    Thanks

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