Gyuwon Kim
Oct 1, 2024
F1 with approved I-140
I’m currently living in South Korea and applied for EB2 NIW in Feb. 2024. My I-140 was approved in the same month. I got engineering Ph.D. offers at multiple prestigeous U.S. universities for 2025 fall semester and would like to apply. In this case, would I be denied an F visa since I have an approved petition for an immigrant visa? On a side note, I am employed at a big tech company in Korea, and will infer during my F visa interview that I will be on leave of absence, and have intentions on returning after my Ph.D.
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Roland GROct 1, 2024
first part, F1 interview I do not think will be an issue, just be honest and said yes if they ask you an interview and applicatuon. i do not know about the last part in your question
Gyuwon KimOct 1, 2024
Thanks for the comment. Can I ask why you think so? (do you know of similar example cases?) Because I know I-140 conflicts with non-immigrant visas
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m tOct 1, 2024
F1 is not a dual intent visa and you need to prove that you intend to come back after finishing your studies. I believe they won’t grant the F1 unless (maybe) you can prove that your intentions around obtaining a green card has changed and you are abondoning that pursuit. if it’s for fall 2025, besides the backlog, is there any other reason that you’re not applying for green card?
Gyuwon KimOct 1, 2024
my first intention of applying for EB2 was so that my wife can legally work during my studies. But considering the backlog, it seems impossible to make it in fall 2025, so I was planning for an F1. What you’re saying is that I would need to revoke my I-140 before applying F1?
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M KOct 1, 2024
@Gyuwon Kim as you mentioned you already have job there, suggest to continue and enter USA via green card. Thare is high risk to deny your F1 entry.
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Duc HoangOct 1, 2024
Its impossible to enter the US via immigrant visa in 2025, 2026 so i guess in you case, you can apply for J1 visa for your PhD in the US so that your wife can work on J2. Of course both J and F visas are not dual intent so you have to take the risk. On the other note, you can just continue to work in Korea and wait to enter the US with the green card in the next 3-4 years probably.
Charlie SCOct 1, 2024
F1 visa chances of denial are high due to strong immigrant intent. Worth a shot.
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Artur DOct 2, 2024
don't even consider F1 route. officer may consider your F1 as misrepretation since F1 is non immigrant visa. You intent stays forever in your file and withdrawal won't help you. I would suggest to defer admission and come to the US on a green card.
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Seu PaiOct 2, 2024
you should’ve applied to F1 first and then submit 140
I COct 2, 2024
I got a business/tourist visa approved after my I-140 was approved. They asked me about it during the interview and I was just honest saying I’m waiting for my GC interview and I’m going to the US for an event. I now have been to the US twice with a business/tourist visa and came in and out without a problem. I dont know how it’d work for a F1 visa, but I’d talk to your lawyer and see what they said. Everyone told me my B1/B2 visa wouldn’t get approved, but it did! Good luck and congrats on your phd offers (:
Immigrant AppOct 2, 2024
only way I see this playing out without any issues with getting your green card is having the school sponsor you an H visa
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B OOOct 3, 2024
I will suggest u continue ur job in Korea. enter US with green card.

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