Whether I can change status to H-1B after I-140 approval while going through immigration
I currently live in the U.S. on J1 status, and my sponsoring company has already gotten my green card process to I-140 approval. Since the priority date is currently closed and I can’t file I-485, I’d like to change status to H-1B — but I’m worried that since I-140 is already approved, H-1B might be denied (assuming I win the lottery), or that this could cause a problem for filing I-485 later. Also, what happens to my J1 status if H-1B is denied?
Hello, H-1B is a dual-intent status, so there’s no issue even if I-140 is approved.
However, since every case is different, please confirm the details more precisely with the attorney handling your green card and H-1B process. As for J status, it’s automatically extinguished once H-1B is approved. But having filed and been approved for I-140 doesn’t make your J status disappear — it remains as-is.
Please keep this in mind.