yes. it’s really hard to get F1

do you know if the risk is only to get denial for F1 ? or can applying for F1 also hurt my NIW application chances of approval?

No! If you are on the I-140 and requesting an F1 visa, there is generally no issue, although I am not specifically familiar with those countries. However, once you are pursuing your PhD and it is time to file your application, you must consult with your Designated School Official (DSO) to extend your visa or I-20 until the conclusion of your program and to maintain your F1 status until your I-485 is adjudicated. This is because, if you are on a “yearly extension” and applying for an I-485, your chances of obtaining an F1 extension or visa are significantly diminished, as they will observe your I-485, which indicates your intent to stay and is not compatible with F1.

let’s prepare to explain in a very strong way why you are requesting NIV and IV at the same time. if you explain it clearly to the officer at the embassy you will not have any issue.

No worries. since status change hasn’t been done yet. I know someone who had his i140 under review, and traveled outside the country to renew the visa in Canada to be precise and it was approved and returned back to the state and travelled again for a short trip and and is back again now to the state without any issues.

Better to stay in Canada. The way things are, the usual 3 years process of I-140 may take more than that. .

@Big $€£F do you know if the visa he got while i140 pending was a student visa F1 ? or what type of visa ?

@VM Nov. 2024/Texas ça you please clarify wha do you mean by that? are you saying that the processing time of i140 can increase because the applicant applies for an F1 while i140 is still processing?

No. If your I140 is pending and you are applying for another non-immigrant visa. you still can get it. at least it will not hurt your I140. My I140 was pending and I applied for a non-immigrant visa. but that was H1B. I got the visa at that time. Also, one of my colleagues I140 is pending two months ago he application for a B1/B2 visa he got the visa. the immigration officer just told him that don’t overstay otherwise it will effect your I140.

@Quaid Iqbal I think since H1b has dual intent it’s allowed to apply for it along with a immigrat intent visa i140 Also B1/B2 is okay too most of the times I heard but F1 requires strictly non immigrant intent which contradicts with the i140 Intent.. that’s what u heard

This is a real risk area. F1 is a nonimmigrant visa, so you have to show strong intent to return home after your PhD, and a pending EB2 NIW (I-140) clearly shows immigrant intent. That doesn’t automatically mean denial, but it definitely increases scrutiny at the consular interview. Some people have been approved with a pending NIW, especially if it’s not yet approved and they can clearly explain temporary study plans, but it’s case by case and officer dependent. Your nationality can also mean more questions right now. A denial of F1 wouldn’t cancel your NIW, but you need to be prepared to fully disclose the petition and explain your long term plan carefully. - Attorney Ana Gabriela Urizar (All information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney - client relationship. Your situation may require fact-specific guidance. For personalized legal advice, please consult an immigration attorney directly.)

@Sahar Ms F1 visa renewal

@Sahar Ms all those visas are non-immigrant visa. so you don’t have to worry too much.