Viking916 Posted September 21, 2013 Report Posted September 21, 2013 Hello,I'm currently working on 17 month opt extension and my opt ends on Dec 2014.I'm planning to apply for H1B next year so that i'll have H1B before my opt expires.My company is willing to sponsor H1b and Green card.Following are the couple of questions that i have:1.Now my question is that can i apply for Green Card in Jan 2014 and than apply for H1B in April 2014 side by side?I want to do this because i'm worried that i'll have to leave my job once my opt expires and i didnt get H1B. And also because i have only 1 shot of getting H1B before my opt expires as my opt ends on dec 2014 and even with the grace period of 60days it will be valid only till Feb 2015 and thus i'll not be able to apply for H1B in 2015 again.2.Suppose i only apply for H1B in 2014 and if it gets rejected than can i apply for Green card at the start of 2015 when i'll be on my 60days grace period as my opt will be expired by that time?3.Is it a good idea to apply for green card and H1B at the same time?4.Is it a good idea to apply for green card when H1B gets rejected?I know that i can always join the college once my opt expires and can apply for H1B once the window opens but i'm looking for the option which dont involve going back to college for short time.Thanks for reading and help.
JoeF Posted September 21, 2013 Report Posted September 21, 2013 The GC process takes several years, and the first steps don't provide you with employment authorization. So, you need an H1 anyway.
rahul412 Posted September 22, 2013 Report Posted September 22, 2013 GC and H1 are no way related.So it doesn't matter whether you file for GC or H1 at a time. BTW joining school is not an option. If you want to go to school then take an admission else forget about joining some school. And GC processing while you are on F1 is not encouraged as F1 doesn't allow immigration intent.
catx Posted September 22, 2013 Report Posted September 22, 2013 Clearly you do not know about nor understand the immigration processes and pursuing permanent residency. You cannot simply "apply for a green card", it does not work that way. A very general summary of the process is F-1 visa + OPT employment authorization to H-1B visa with a sponsoring employer to PERM labor certification application by the employer to I-140 petition to I-485 adjustment of status when your priority date is current, with each step predicated on the government agency approval of the previous step and sometimes taking months to prepare. This process takes years to complete.
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