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  1. #1
    Join Date
    Aug 2009
    Posts
    9

    Question H1B Conflict

    State : Arizona

    As mentioned before I am currently on my H1B.
    It starts on the 1st of October.
    My friend (he is no lawyer) tells me that applying for my green card before the 1st of October will create a conflict with USCIS (!?)
    If that is the case, is there anyway I can cancel my H1B?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1B Conflict

    The facts of your situation are what?

    You're currently on an H1B that hasn't started yet... what do you mean by that?

    Your are seeking permanent residency on what basis?

    Your non-lawyer friend thinks that something "will create a conflict with USCIS" but can't put it into better terms than that?

    An H1B is a dual intent visa. You can seek permanent residency while on H1B status.

  3. #3
    Join Date
    Aug 2009
    Posts
    9

    Default Re: H1B Conflict

    Quote Quoting Mr. Knowitall
    View Post
    The facts of your situation are what?

    You're currently on an H1B that hasn't started yet... what do you mean by that?

    Your are seeking permanent residency on what basis?

    Your non-lawyer friend thinks that something "will create a conflict with USCIS" but can't put it into better terms than that?

    An H1B is a dual intent visa. You can seek permanent residency while on H1B status.
    Sorry for not being more clear on that previous post.

    My work with my employer starts on the 1st of October, but I have received notice that my H1B has been approved.

    I am seeking permanent residency on behalf of my US citizen spouse.

    My non-lawyer friend thinks that if I apply for my green card through my spouse, while I am employed as a H1B worker, USCIS will drop my application for my green card through my spouse.
    Is that true?

    I want to apply for my green card through my spouse but also wanted to know if I can start work on the 1st of October for my company and keep working till I get my green card through her.

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