H1 to F1 to GC?


vkredi

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Hi experts and problem solvers -

 

I was on H1B from Aug 2007 to Jul 2013 and used up all of my 6 years. I then got admitted to a top 25 MBA program in the US by getting an F1 visa. (its another story that I had to go to India to get the F1 after my H1 to F1 COS was denied).

 

I just completed 1 year of the 2 yr MBA and right now in my 3 month CPT. I am hopeful that I will get a job before I graduate. I will also have an year to work on OPT.

 

1) Normally the employer would have filed for a H1 during my OPT but in my case I don't think an H1 can be filed. Is that right?

 

2) If a H1 cannot be filed, can the employer file for a GC directly during my OPT?

 

3) What happens then? I know that the OPT cannot be extended. Will I get an approval (to stay and work here) before the end of my OPT?

 

What are really my options here?

 

THANK YOU FOR YOUR TIME AND PATIENCE!

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Hi experts and problem solvers -

 

I was on H1B from Aug 2007 to Jul 2013 and used up all of my 6 years. I then got admitted to a top 25 MBA program in the US by getting an F1 visa. (its another story that I had to go to India to get the F1 after my H1 to F1 COS was denied).

 

I just completed 1 year of the 2 yr MBA and right now in my 3 month CPT. I am hopeful that I will get a job before I graduate. I will also have an year to work on OPT.

 

1) Normally the employer would have filed for a H1 during my OPT but in my case I don't think an H1 can be filed. Is that right?

 

2) If a H1 cannot be filed, can the employer file for a GC directly during my OPT?

 

3) What happens then? I know that the OPT cannot be extended. Will I get an approval (to stay and work here) before the end of my OPT?

 

What are really my options here?

 

THANK YOU FOR YOUR TIME AND PATIENCE!

1. It cannot be filed for you as your H1B clock is not reset. For a cap subject H1B petition to be filed you need to be outside US for 265 days before a H1B petition could be filed.

2. Yes.

3. If you are from India getting a GC is a long wait.

 

Your option would be is to leave US after completion of OPT.

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There is no "file for a GC".

There are multiple steps for a GC, and for the last one, the Priority Date has to be current. Depending on where you are from, that can take several years. You don't say where you are from.

It is somewhat risky to start the process while in F1 status, since the F1 does not allow immigration intent. This should not be done without a good immigration lawyer.

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