Can you apply for Green Card while on OPT STEM Ext ( before applying for H1B)?

[Ginnie]

I am working under OPT STEM extension ( after Masters) for a US company ( about 1 yr). I plan to apply for GC without applying for H1B first. Is this practical? What are the chances of getting approved? Say, I applied for GC, can I apply for H1B also when GC application is pending ( for this year and if not approved for next year?), just in case I don't hear about GC decision before my OPT expires (july, 2015)? I am not from India or China, and I have about 16 months left on my OPT .

[catx]

You cannot directly apply and file for permanent residency (green card) while on a F-1 visa, including while on OPT employment authorization.  A F-1 visa does not allow immigration intent.  If you filed an I-485 adjustment of status application while on a F-1 visa, then it would be rejected for an invalid status for adjustment to permanent residency (green card).  As would be counseled by an qualified, experienced immigration attorney, you will need to be on a H-1B visa, which allows dual immigration intent, for applying and filing for permanent residency (green card).

[JoeF]

I am working under OPT STEM extension ( after Masters) for a US company ( about 1 yr). I plan to apply for GC without applying for H1B first. Is this practical? What are the chances of getting approved? Say, I applied for GC, can I apply for H1B also when GC application is pending ( for this year and if not approved for next year?), just in case I don't hear about GC decision before my OPT expires (july, 2015)? I am not from India or China, and I have about 16 months left on my OPT .

It generally should be avoided.

The F1 doesn't allow immigration intent, so an employer filing an I-140 for a person while the person is in F1 status is likely to raise questions, and can lead to a denial of the case.

While it is allowed to change intent over time, it may be hard to demonstrate that.

Also, once an I-140 is filed, it is pretty much impossible to travel abroad and come back on F1, again, because the F1 does not allow immigration intent.

You should discuss your situation with a good immigration lawyer.

[t75]

YOU cannot file for GC unless you meet the EB1 requirements which is highly unlikely for a recent grad. 

 

You need to become informed of the process. Since you are a recent grad and do not have a "real" job as yet, it is unlikely that you would meet the PERM requirements.  Get a reality chexk; just bbecause you want a GC does not mean it will happen.

[JoeF]

YOU cannot file for GC unless you meet the EB1 requirements

Or the requirements for EB2-NIW. Just for completeness ;)

[Ginnie]

Thanks for the suggestions. Since the company was willing to sponsor for GC, so I thought I would give it a try! 

 

But if the chances are low, I can wait I guess and apply for H1b first.