STEM OPT to Green Card

[jason_bourne658]

Hello,

I am on STEM OPT (F1) till end of May 2014. I have done my Masters in Computer Science from USA (Advanced Degree) and currently living and working in USA on STEM OPT EAD Card which is valid till 23 May 2014. On my Passport I have F1-Visa Stamp till July 2014.

My Employer right now wants to start Green card application under EB2 Category. So I am wondering do I need to do H1B visa first starting 1st April 2013 and then once it is approved and then let my employer start Green card application or can they start Green card application before H1B since I already have work permit and visa till 23 May 2014.

So should employer do H1B first is it required or employer can right away do Green card application under EB2 Category. My employer is talking with lots of Immigration lawyers which they use normally for all such work, but I want to get some knowledge on my end as well since I do not want to take a risk. I am ok with not leaving USA untill my Green card comes. Kindly suggest, if someone has some insights on this matter. I would appreciate that. If some lawyer wants to give info on this then I am fine to pay them as well.

Thanks !!!!!

[JoeF]

Depending on where you are from, it can take several years before you can file an I-485. Until then, you would need some other work authorization if you want to stay in the US. That's where the H1 usually comes in.

I suggest both you and your employer discuss this with a good immigration lawyer.

[t75]

Green card is for future work. They can start processing at any time.

You need to trust your employer and his attorneys or you will end up with an ulcer worrying about everything they do or tell you.

[catx]

Your employer can start the permanent residency (green card) process while you are still on a F-1 visa + OPT STEM extension employment authorization as the process is for future employment. However, you will need to get a H-1B visa for two reasons. One, a F-1 visa does not allow immigration (permanent residency) intent, whereas a H-1B visa allows dual immigration (permanent residency) intent while on the work visa. Second, the permanent residency (green card) process can take several years to complete depending on your country of changeability for immigration (where you were born) and the associated employment based (EB) backlogs, and as such your OPT STEM extension employment authorization and F-1 visa will likely expire (long) before you can make the final application for permanent residency (your priority date becomes current).

From my experience most immigration attorneys would recommend that your employer petition for your H-1B visa as soon as possible / at the first opportunity, which is coming up on April 1.