Applying GC directly from OPT.

[srilankan member]

I'm wondering whether I can apply for GC directly from OPT?? since I'm from Sri Lanka, I believe I have less processing time. But I heard, being F1 student applying GC, sometime they consider as a fraud, because you don't suppose to stay in USA after completion of your degree, You have to go back to you home country.   

[jairichi]

I'm wondering whether I can apply for GC directly from OPT?? since I'm from Sri Lanka, I believe I have less processing time. But I heard, being F1 student applying GC, sometime they consider as a fraud, because you don't suppose to stay in USA after completion of your degree, You have to go back to you home country.   

Yes, if you have an employer willing to initiate GC process it can be done.

[t75]

On what basis do you expect to have a GC filed?

[srilankan member]

I have one year working experience on IT field, I applied H1B but i didn't selected, my employer has talked with the attorney to apply GC for me, but attorney has told, since I'm a F1 status, I'm not eligible to apply GC, because we have agreed to not to stay in USA after completion our Degree.

[jairichi]

I have one year working experience on IT field, I applied H1B but i didn't selected, my employer has talked with the attorney to apply GC for me, but attorney has told, since I'm a F1 status, I'm not eligible to apply GC, because we have agreed to not to stay in USA after completion our Degree.

Talk to an independent attorney.

[t75]

Since you have just graduated, it is unlikely that you will make it through the PERM process due to the number of unemployed IT workers and the level of the position

[ottawa_rocks]

I have one year working experience on IT field, I applied H1B but i didn't selected, my employer has talked with the attorney to apply GC for me, but attorney has told, since I'm a F1 status, I'm not eligible to apply GC, because we have agreed to not to stay in USA after completion our Degree.

You will be BLACKLISTED, rejected and under the radar as F1 permits you to STUDY and not become a PERMANENT resident in USA, so think twice before blindly running for green card...follow the process or the process will eat u up !

[skc40]

You will be BLACKLISTED, rejected and under the radar as F1 permits you to STUDY and not become a PERMANENT resident in USA, so think twice before blindly running for green card...follow the process or the process will eat u up !

Based on what you're saying, international students in F1 status should not apply for H1 as well because F1 is for study and H1 is for work. So why would an employer file Green Card for H1 employee? Application rejection is one thing, but Blacklisting an applicant is a whole different thing and if F1 students completes their education and are maintaining their status and if a company is willing to file Green card for them-- I don't see any issues with that.

 

Besides--do you have documentation to show that F1 students would be black-listed if the company applies for Green Card? 

[JoeF]

Based on what you're saying, international students in F1 status should not apply for H1 as well because F1 is for study and H1 is for work. So why would an employer file Green Card for H1 employee? Application rejection is one thing, but Blacklisting an applicant is a whole different thing and if F1 students completes their education and are maintaining their status and if a company is willing to file Green card for them-- I don't see any issues with that.

 

Besides--do you have documentation to show that F1 students would be black-listed if the company applies for Green Card? 

 

The issue is that when you entered on F1, you declared that you didn't have immigration intent. That is fine with H1s, since the H1 is also a non-immigrant visa (it just allows to have immigration intent, which the F1 doesn't.)

When an I-140 is filed, there is declared immigration intent. So, there is a conflict with the F1.

Now, that can be resolved, but it depends on the individual circumstances. You should discuss your particular situation with a good immigration lawyer.

[skc40]

The issue is that when you entered on F1, you declared that you didn't have immigration intent. That is fine with H1s, since the H1 is also a non-immigrant visa (it just allows to have immigration intent, which the F1 doesn't.)

When an I-140 is filed, there is declared immigration intent. So, there is a conflict with the F1.

Now, that can be resolved, but it depends on the individual circumstances. You should discuss your particular situation with a good immigration lawyer.

Ok, understood. And I was answering to the previous post informing that the the applicant will be "BLACKLISTED",  which is completely irrelevant and ignorant comment.

 

BTW--about immigration intent, won't this violate that as well? F1 to H1 to Green Card, which most students in the US chose this path. And then, there are certain occupations where students were able to directly apply for green-card by their employer while in OPT, which violates the intent as well. Anyways--there's always two sides to a coin and discussing options with the lawyer should be a way to go. 

TY for info. 

[rahul412]

If a student filed for GC when he is on F1, then that's a violation.

[stonecold_1981]

 

BTW--about immigration intent, won't this violate that as well? F1 to H1 to Green Card, which most students in the US chose this path.

 

F1 (non immigrant visa) to H1 (non immigrant visa) => So there is no violation

H1 (non immigrant visa but allows dual intent) to GC  => So there is no violation

 

F1 (non immigrant visa) to GC => violates the non immigrant intent.

 

The situations above are different. Bear in mind, there are individual circumstances or nuances that might be in play so it's best to speak with a qualified attorney.

[skc40]

F1 (non immigrant visa) to H1 (non immigrant visa) => So there is no violation

H1 (non immigrant visa but allows dual intent) to GC  => So there is no violation

 

F1 (non immigrant visa) to GC => violates the non immigrant intent.

 

The situations above are different. Bear in mind, there are individual circumstances or nuances that might be in play so it's best to speak with a qualified attorney.

Students (F1) who fall under Schedule A occupation allows employers to file green card for students. 

And yes always a better option to consult with immigration attorney about various options.