F-1 to Green card through employer

Aaarya

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Aaarya Newbie

Aaarya

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Hi all,

I have an issue with H1. I am on OPT (F-1) right now and it is going to expire in July. My employer wanted to file H1 this year through our company lawyer and we had some problem filing LCA. problem is she is not an immigration lawyer and knows nothing about H1B. they never filed H1B, I am the first international for them. By the time my lawyer figured out the problem and LCA got approved it was already Apr 7th and I couldn't file it. Now my CEO says they are ready to anything to keep me here and working for them. My question is--Can they sponsor me Green card? or Do I have any other options to stay here and work for them?

please let me know as it is so important for me.

Thanks

Aaarya.

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Aaarya Newbie

Aaarya

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Thanks Joe for the reply. Can I go on to Academic H1 which is a cap exempt and come back to cap Subject H1 after an year or so? I have worked as an assistant professor before and they are ready to offer me a Job for the fall starting from Aug 17th. but my OPT expires on July 17th ? Can I stay here in USA from July 17th to Aug 17th or Do I have to go my native country and come back?

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rahul412 Advanced Member

rahul412

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Posted

Hi all,

I have an issue with H1. I am on OPT (F-1) right now and it is going to expire in July. My employer wanted to file H1 this year through our company lawyer and we had some problem filing LCA. problem is she is not an immigration lawyer and knows nothing about H1B. they never filed H1B, I am the first international for them. By the time my lawyer figured out the problem and LCA got approved it was already Apr 7th and I couldn't file it. Now my CEO says they are ready to anything to keep me here and working for them. My question is--Can they sponsor me Green card? or Do I have any other options to stay here and work for them?

please let me know as it is so important for me.

Thanks

Aaarya.

Are you eligible for STEM OPT ext??

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Aaarya Newbie

Aaarya

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The CEO would have to make an HONEST effort to hire a USC or LPR for your position before filing for a GC for you.

I am sorry I didn't get it. what are those? I mean USC and LPR? Lawful permanent Resident? never heard of USC though, can you please let me know.

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JoeF Advanced Member

JoeF

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Thanks Joe for the reply. Can I go on to Academic H1 which is a cap exempt and come back to cap Subject H1 after an year or so? I have worked as an assistant professor before and they are ready to offer me a Job for the fall starting from Aug 17th. but my OPT expires on July 17th ?

While that is possible, you would have pretty much the same situation next year...

Can I stay here in USA from July 17th to Aug 17th or Do I have to go my native country and come back?

There is the 60 day F1 grace period at the end of the OPT. Your DSO should have told you about that.

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Aaarya Newbie

Aaarya

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While that is possible, you would have pretty much the same situation next year...

Yeah I know but at least I can apply for H1next year with the help of a good attorney, we didn't even file for H1 this year as we had FEIN prob while filing LCA. Had I known this forum earlier I would have got H1B or at least applied, not sure whether I'll be lucky enough to get picked up in lottery.

But now my question is when I go to cap exempt this year and apply cap subject H1B next year, Do I have to stop working for University when my Industrial job H1B gets approved? or can I still continue working for the University till sep 30th? I guess I cannot work for industrial job till Oct 1st right ?

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JoeF Advanced Member

JoeF

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Yeah I know but at least I can apply for H1next year with the help of a good attorney, we didn't even file for H1 this year as we had FEIN prob while filing LCA. Had I known this forum earlier I would have got H1B or at least applied, not sure whether I'll be lucky enough to get picked up in lottery.

But now my question is when I go to cap exempt this year and apply cap subject H1B next year, Do I have to stop working for University when my Industrial job H1B gets approved? or can I still continue working for the University till sep 30th? I guess I cannot work for industrial job till Oct 1st right ?

You can continue to work for the cap-exempt employer until the cap-subject H1 kicks in. In fact, that would be the only possible way to stay in the US until the cap-subject H1 kicks in.

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t75 Advanced Member

t75

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Are you seriously considering taking the assistant professor job only until Oct 1? You WILL have a contract which you should expect to honor if you value your reputation as a researcher or future academic. Break it in order to take an industrial job and your name will be "Mud".

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Aaarya Newbie

Aaarya

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Are you seriously considering taking the assistant professor job only until Oct 1? You WILL have a contract which you should expect to honor if you value your reputation as a researcher or future academic. Break it in order to take an industrial job and your name will be "Mud".

I did my graduation in the same university and worked there as Asst Prof for 2 semesters, I am doing this as a favor to them, actually they need someone temporary for one semester but as I am doing a favor they said they are gonna extend it till next year august. if I commit myself for fall semester too then I wont be able to leave, instead I would go to India like a vacation after my Industrial h1 gets approved. Thanks anyway though

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