My F1 is current, but I am in another work status, H-1B. Can I adjust?

When it comes to adjusting status for permanent residence based on family, it is important to understand that the adjustment involves the transition from a non-immigrant status to that of a lawful permanent resident through a specific process (the I-485). This process can be initiated when the priority date of your case is current, that is, “current,” according to the visa bulletin.

In your case, even though you are currently in H-1B status, if the date of your F1 visa (or rather, the priority date linked to your family petition) is current, you generally have the option to adjust your status without needing to leave the United States. This is because H-1B is a status that allows dual intent, which facilitates the transition to permanent residence, considering that you maintain a legal status while your adjustment is being processed.

It is essential to remember that each case presents particularities, and strictly complying with United States immigration laws is imperative. Status changes, especially when involving different visa categories, may require detailed analysis to ensure that all requirements are met, from maintaining a valid status to having the proper documentation.

Therefore, it is always recommended to seek updated information and consult official sources or the assistance of professionals specialized in immigration, avoiding websites and campaigns that promise simplified or miraculous solutions. Another important issue is to ensure that all documents and forms are filled out correctly, as any mistake can delay the process or even cause complications.

Maintaining a proactive and informed stance is the key to safely navigating the adjustment of status process. In summary, if your priority date is current and you are in legal status such as H-1B, there is the possibility to adjust, but many details need to be carefully reviewed for the procedure to be successfully completed.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.