From F-1/OPT to a GC without H1-B?

[Tatiana]

Hello everybody,
I have read so many posts and info about F-1 to GC that I finally got confused and need straight answers.

I have received my OPT (I got lucky, for two years!!!) after graduating with MBA in May'10 and was trying to find my H1-B sponsor a.k. employer, but with the economy and people getting laid off I hardly found a job and the only one I found refused from sponsoring me since it's a pricey thing for them to do. Meanwhile I found a wonderful man, he is a citizen, and we got married and we are expecting a baby in March... My status expires in May'12.
We want to apply for a GC but again F-1 is with a non immigrant intent and I 'm afraid to be denied for a GC. There is no way that I'm getting hired for a sponsored position to get H1-B being prego since employers still discriminating by that.

Is it really that bad to apply straight for a GC? What are other ways to to apply? Other question, I already have an EAD as everybody on OPT get it, do I need to apply for another one with I-485 application?

Any ideas are greatly appreciated.
Thanks so much for all the answers!

[PHANI_TAVVALA]

Hello everybody,
I have read so many posts and info about F-1 to GC that I finally got confused and need straight answers.

I have received my OPT (I got lucky, for two years!!!) after graduating with MBA in May'10 and was trying to find my H1-B sponsor a.k. employer, but with the economy and people getting laid off I hardly found a job and the only one I found refused from sponsoring me since it's a pricey thing for them to do. Meanwhile I found a wonderful man, he is a citizen, and we got married and we are expecting a baby in March... My status expires in May'12.
We want to apply for a GC but again F-1 is with a non immigrant intent and I 'm afraid to be denied for a GC. There is no way that I'm getting hired for a sponsored position to get H1-B being prego since employers still discriminating by that.

Is it really that bad to apply straight for a GC? What are other ways to to apply? Other question, I already have an EAD as everybody on OPT get it, do I need to apply for another one with I-485 application?

Any ideas are greatly appreciated.
Thanks so much for all the answers!

File I-130 & I-485 immediately and you should get your greencard in 3-4 months. As long as you don't go out of the country during this process you have nothing to worry about.

I am not sure about EAD part since you already have one.

[Tatiana]

File I-130 & I-485 immediately and you should get your greencard in 3-4 months. As long as you don't go out of the country during this process you have nothing to worry about.

I am not sure about EAD part since you already have one.

Thanks for reply PHANI_TAVVALA.
...and what about F-1 being an non immigrant visa, everyone says you need to file i-140 with I-485 which is for employer then you get your dual intent and then you can file for a GC.

Here is what I found: " The primary reason is that a F visa holder should prove non immigration intention every minute. By filing I485 you have violated a fundamental tenet of this requirement. You can go through a dual intent visa like H or L towards GC/I485. Direct F (OPT) to 485 is a land of mines..."

Anyways, what are other ways to change your status on immigrant intent while on F-1? Anyone? :(

[PHANI_TAVVALA]

Thanks for reply PHANI_TAVVALA.
...and what about F-1 being an non immigrant visa, everyone says you need to file i-140 with I-485 which is for employer then you get your dual intent and then you can file for a GC.

Here is what I found: " The primary reason is that a F visa holder should prove non immigration intention every minute. By filing I485 you have violated a fundamental tenet of this requirement. You can go through a dual intent visa like H or L towards GC/I485. Direct F (OPT) to 485 is a land of mines..."

Anyways, what are other ways to change your status on immigrant intent while on F-1? Anyone? :(

You are worrying for no reason. F visa holder needs to prove non immigrant intent when initially applying for the visa, in good faith, but that does not mean that you are not allowed to change your intent. By applying I-130 and I-485 you are showing intent to immigrate and this does put you at risk if you go out of the country and try to reenter with a new non-immigrant intent visa (Ex: F-1, B1/B2).

But once you file I-130 & I-485 you are technically in AOS and do not need to worry about the intent under which F-1 was issued. If it is any help, I know of people who applied for I-140 (intent to immigrate) while on F-1 and got it approved and later eventually got their greencards.

[Tatiana]

You are worrying for no reason. F visa holder needs to prove non immigrant intent when initially applying for the visa, in good faith, but that does not mean that you are not allowed to change your intent. By applying I-130 and I-485 you are showing intent to immigrate and this does put you at risk if you go out of the country and try to reenter with a new non-immigrant intent visa (Ex: F-1, B1/B2).

But once you file I-130 & I-485 you are technically in AOS and do not need to worry about the intent under which F-1 was issued. If it is any help, I know of people who applied for I-140 (intent to immigrate) while on F-1 and got it approved and later eventually got their greencards.



ok, thank you much! :) but I do not need to apply through I-140 first, right?
Sorry, just trying to make sure that I understand everything correctly.

[PHANI_TAVVALA]

ok, thank you much! :) but I do not need to apply through I-140 first, right?
Sorry, just trying to make sure that I understand everything correctly.

You cannot apply for I-140 even if you want to. Only an employer can file I-140 for employee (when I said I know people who applied I-140 i meant employer filed on their behalf) whom they are going to hire on a full-time basis. Since you are married to U.S citizen apply for I-130 & 1-485 immediately (before your EAD expires in May' 2012) and you should be good (even if you don't get greencard by end of May' 2012)

[Tatiana]

You cannot apply for I-140 even if you want to. Only an employer can file I-140 for employee (when I said I know people who applied I-140 i meant employer filed on their behalf) whom they are going to hire on a full-time basis. Since you are married to U.S citizen apply for I-130 & 1-485 immediately (before your EAD expires in May' 2012) and you should be good (even if you don't get greencard by end of May' 2012)

Yeah I meant that about I- 140 I looked at the form before asking but anyways...
Thank you very much again, you have been very helpful! First step is to buy a printer! :D