Will there be any conflict of status between different petitions filed for a person simultaneously?

UPDATED: Oct 1, 2022

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Will there be any conflict of status between different petitions filed for a person simultaneously?

Hi, Currently I am on H4
I approached a company for job and a new H1B cap 2019 petition was filed for me
on premium this year.
In the mean time, I got admission into an university and I wanted to apply change
of status to F1 due to uncertainty of H1B approval in current scenario. If in
any case my H1B is denied I can study on f1 and later work on OPT

Please clarify if any of these this year new H1B petition, change of status to
F1 would conflict with each other. Is there any suggested way to proceed.

Asked on April 16, 2019 under Immigration Law, Pennsylvania


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

yes they would conflict.  why not wait first to see if the H-1B visa petition has been selected in the lottery and, if not, then file for a change of status to F-1.  Since you are already in H-4 status, it is probably still valid so there is no urgency.

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