F1 Status and perm processing

[immigrationmurthy]

Hi, 

I am on my F1 Status. Can my employer start my GC process without having H1-B. Please help. 

[pontevecchio]

It is possible. But mind you F1 travel after filing may be an issue.

[xTDx]

They can. However it is very risky. F1 has no dual intent of non-immigration and immigration like H1b classification does. If you were born in  one of the backlogged countries like China and India, you will have to wait for decades to get your GC in EB2/EB3 categories.And if you leave USA to visit family or friends, you will not get a F1 or Visitor visa approved for you because of immigration petitions filed on your behalf under GC process.

You should get your options and case reviewed in depth by competent immigration attorneys before you take any immigration decision.

[immigrationmurthy]

Thanks all for your response. 

From my understanding on the above comments, Employer can still file GC no matter if the employee is on F1. 

[pontevecchio]

Will you be able to stay here without going home hoping you get a cap-subject H1  approved? as you will not be able to travel on F1 with Immigrant Intent.

Unless you qualify for EB1A, it would be a stretch to consider any employer filing for you in view of the long time frame and no guarantee of H1./

Edited August 1, 2019 by pontevecchio