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h1_holder_06

Filing Green Card on OPT EAD

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Hi All:

I have a small recruiting company. I have a student as an employee who is on OPT EAD. Can I file his green card without sponsoring his H1 B?

I wanted to file his H1 B and then his green card but someone just told me that, while he is on OPT EAD, I can straight away start his green card processing, without sponsoring his H1 B.

He still has 18 months left in his OPT EAD.

Any help or web site pointers would be helpful.

Thanks

Murli

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You cannot just file for his GC. You must actively seek - and honestly attempt to find - USC and LPR employees for the position. Since you are on this forum posting a basic question, you should engage an employment immigration law specialist to assist you. You have posted to a forum sponsored by a highly regarded firm. I suggest that you start by contacting them. If you cannot afford the attorney, you cannot afford to sponsor him.

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While it is correct that the permanent residency (green card) process can be started while the employee is working under OPT employment authorization, unless the employee receives their permanent residency (green card) before their OPT employment authorization expires, which is unlikely, they will need to be sponsored for a H-1B visa for continued work authorization. The general recommendation would be to sponsor the employee for a H-1B visa, and then proceed with the permanent residency (green card) process.

t75's recommendation that a qualified, experienced immigration attorney be hired to handle the immigration processes is the correct course of action.

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