Form i 140 on F1


mustang630

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Hi,

I was hired by my employer last year (2016) while I began my F1 OPT, and they started the PERM process as well as applied for h1b this year (2017). However I did not get picked up in the H1b lottery, so I am still in F1 OPT status, more specifically on my OPT extension for next 24 months (till 2019). I was just notified that the PERM labor certification was approved for me, but since I am on F1 status, if I move ahead with the filing of Form 140, I cannot travel internationally unless I get H1b picked up (which could be October 2018, or even October 2019). But i have the option of letting this PERM certificate expire and restart the whole process. 

From what I understood, If restart the process, I will lose my priority date, and if I don't I won't be able to leave the country until I get an H1b approved. Are these the only two options that I have? Also, Is my understanding correct? Could use some advice.

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An I-140 doesn't give you any immigration rights. You may retain the PD with an approved I-140, but you would have to leave the country when your OPT expires if you can't get an H1. And travel on F1 with a pending or approved I-140 is very risky because the F1 doesn't allow immigration intent.

PERM doesn't indicate immigration intent, so travel wouldn't be an issue if an I-140 isn't filed.

 

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