OPT to H1B and Green Card (in parallel)

[Shw.Sanj]

Hi,

 

My current visa status is F1-OPT. My company is applying for H1B this year. My major falls under the STEM category and thus I am eligible for extension OPT which is valid until November 2016. 

The situation is that my company has ITAR issues and I am a foreign employee. Thus they want me to have my green card asap. I am aware that I can apply for GC and H1B in parallel. But I would like to know if I can qualify to apply for GC under EB1 category.

 

My background: I am a master's student. My work is highly specialized for the aviation industry. I do have publications but my work experience on OPT is 8 months ( 14 months if internship is considered- Same company).

 

Also I believe that if my company applies for GC EB1 or EB2 along with H1B then I would not be able to travel to my home country (India) until there is a adjustment of status on GC? (Because the GC application would mean that I intend to stay in the US)

 

But I have also heard that the applicants information is not disclosed until the I-485 stage and thus I can travel to India during this period if I have my H1B and this would not pose a problem during my stamping.

 

Kindly advice if it is worth applying to GC alongside H1B or if I should consider waiting for H1B and then go for GC. 

 

Thanks

 

[ashuneel]

Based on your information it is unlikely that your case falls under EB1.  If they file under EB2 or EB3 you can have it started in parallel to speed up the process. EB2/ EB3 would not affect your ability to travel.

In some jobs related to ITAR  only  US citizens or US persons as defined ( GC holder,  etc) are allowed anywhere near the concerned projects/ sites so you should be aware of that.

The sooner you can file GC the better.

[Shw.Sanj]

Thank you. 

So if I secure my H1B in this attempt and also have my green card application in parallel, then I would still be able to travel to India? 

If I go for stamping in India, would the green card application pose a problem?

 

Also regarding the ITAR restrictions, my company has allocated special area for me to work at and I am always escorted by US citizens to access restricted areas. 

 

Is there a chance I can be considered under the EB1 category? The reason being I was hired through an unusual process (which generally applies to green card procedures) wherein an ad was published in the newspaper for my position, citizens were interviewed and finally I was hired as my qualifications were a close match. The reason they are pushing for my green card is to get me to work on defense projects, where again my qualifications are a close match and the requirement is urgent. Would this help my case for EB1?

[ashuneel]

You should be able to travel if you have approved H1B and GC in EB2 started in parallel. GC in EB2 for India will take many years so travel using your visa.

GC application will not pose any problem for visa stamping.

I know what it is to work in ITAR related areas so be very careful of  venturing into any off limit areas ( physically and computer files, etc).

It is highly unlikely you will qualify for EB1 based on information provided so far. Make sure it is atleast EB2 qualified as  the job requirements determine the category and not your qualifications.