Can one file for Green Card during (of F1 visa)

[engineer]

Can one file for Green Card during OPT (of F1 visa) ? or one has to be on H1B visa to file for Green Card ?

Also when quota for H1B Masters Cap becomes available ? Can one apply for it in advance ?

[akhilmahajan]

Please see other senior members posts.

[waitin_toolong]

sorry but this is not true, you can file I-485 even while on F1, the only catch is that you keep F1 status only till you stay here, once you leave the country you lose F1 status and cannot reenter using the F1 visa, you will need AP.

You dont have to wait if you dont want to.

But dont leave the country till you file I-485 and have AP in hand.

[crystal]

There is no rule like you cannot apply for GC while u r on F1. But as the above poster said there would be more scrutiny case by case. if the primary applicant is F1 then there will be even more scrutiny. There are other things like how much duration u r on F1 before u filed Green card and the sponsoring reasons.

[Hermione]

Yes, you can apply for a green card while on green card, provided that you entered the country (or changed to F1) at least 90 days prior to your application. After 90 days you may change from non-immigrant to immigrant intent. In fact, a PERM application in your name is not going to impact your F1 at all, it is only I-140 and I-485 that you have to be concerned about. While your I-140/I-485 application is pending, you may not be able to travel (enter the country on F1), and your OPT application may be denied.

So, if you are the lucky EB2 rest of the world, I would highly recommend that you go directly from OPT to green card EAD, skipping H1 altogether. Just make sure you time everything right.

[lordoftherings]

Originally Posted by waitin_toolong

sorry but this is not true, you can file I-485 even while on F1, the only catch is that you keep F1 status only till you stay here, once you leave the country you lose F1 status and cannot reenter using the F1 visa, you will need AP.

You dont have to wait if you dont want to.

But dont leave the country till you file I-485 and have AP in hand.

Are you sure? Because I got hired during my OPT, but my lawyer said to wait till I get my H1B to file Labour. F1 is a non-immigrant visa.....

[Hermione]

Originally Posted by lordoftherings

Are you sure? Because I got hired during my OPT, but my lawyer said to wait till I get my H1B to file Labour. F1 is a non-immigrant visa.....

Let's just clear this one - your lawyer is monetarily interested in being very-very-exteremely conservative. If there were another possible petition between H1 and AOS, he would have probably advised to file more.

Courts confirmed that if a lawful opportunity to apply for immigrant status arises, a non-immigrant can change their mind and apply for the benefit after 90 days of obtaining non-immigrant status. Even less than that, if circustances change (marraige proposal, visagate and unexpected USCIS decision to accept applications, etc.).

[SK2007]

Originally Posted by lordoftherings

Are you sure? Because I got hired during my OPT, but my lawyer said to wait till I get my H1B to file Labour. F1 is a non-immigrant visa.....

I think your lawyer is right, F1 is a non-immigrant visa, H1 is an immigrant visa that allows/qualifys for GC.

[Hermione]

Originally Posted by SK2007

I think your lawyer is right, F1 is a non-immigrant visa, H1 is an immigrant visa that allows/qualifys for GC.

H1 is NOT an immigrant visa! The only "immigrant visa" out there is green card. H1 does not make you 'qualify' for a green card. It is a non-immigrant visa that allows dual (immigrant and non-immigrant) intent. This is why H and L are the only two visa types you can use for travel after your AOS is filed (having shown immigrant intent does not invalidate them). The trick is that intent can change. Thus, someone who enters the country on a stricktly non-immigrant visa, like F1, may change their intent, and the courts even defined when - 90 days, and you are free to change your mind.

[PMDENEKE]

If this is true, why is everbody applying for a H1 when they can get a AED and AP.
is there anything on the gov immig website?
This seems to be a loop hole for F1.
Has anybody gone this route and got there GC

[WAIT_FOR_EVER_GC]

Originally Posted by PMDENEKE

If this is true, why is everbody applying for a H1 when they can get a AED and AP.
is there anything on the gov immig website?
This seems to be a loop hole for F1.
Has anybody gone this route and got there GC

First ... GC is for future employement.
Second .. F1 and H1 are both non immigrant visa. There is no immigrant visa. There is permenant resident alien which is Green Card and Citizen.
Third... To apply for GC one has to go through 3 phases.
a) Labor b)I-140, c) I-485.

In a Labor petition the sponsor should place an advertisement that the company requires such an such person and it needs to prove that you are the only one available.
Most companies say in their adv that we need such and such person with atleast 1 year experience(1 year is the min). This experience can be from your home country too but It is risky. Labor may or may not get approved while you are on OPT and showing past experience from your home country. Experience from the sponcering company is not counted.

Fourth....If you are lucky and labor is approved, then I-140 will not be a problem if your company is in good standing according to USCIS.

Fifth...Now a person on F1 can be a bachelor from US or Master from US.
If Masters than you come under Eb2. If you belong to India,china, Mexico then you wait till your priority date becomes current to file for I-1485. If you are from Rest of World(ROW) Eb2 category is current so you can apply for I-485 and get your EAD and AP rightaway.

If Bachelors on F1 then you come under EB3. Same procedure as above except you follow the timeline set for EB3.

[PMDENEKE]

I am from the rest of the world. And just completed a masters degree in ministry/theology.
If i work for a non profit do i still need a LC.

[ravi.shah]

Whether one works for profit or non-profit organizations, it needs to be understood that :
Starting a GC process (PERM or 140/485) when the applicant is in F1 status is NOT RECOMMENDED. F1 is a SINGLE INTENT visa. The intent has to show the willingness to go back to your home country. All F1 holders know this very well.
H1B is DUAL INTENT visa. Hence, it is safe to apply/start process for GC once the F1 changes status to H1.
Hope this helps.
Thanks.

[PMDENEKE]

Everybody is giving different answers.
Can I skip the LC since i am working for a non profit.?
Do i need to file I-140/I-485 myself or is this done by the employer

[numero_uno]

Originally Posted by Hermione

Yes, you can apply for a green card while on green card, provided that you entered the country (or changed to F1) at least 90 days prior to your application. After 90 days you may change from non-immigrant to immigrant intent. In fact, a PERM application in your name is not going to impact your F1 at all, it is only I-140 and I-485 that you have to be concerned about. While your I-140/I-485 application is pending, you may not be able to travel (enter the country on F1), and your OPT application may be denied.

So, if you are the lucky EB2 rest of the world, I would highly recommend that you go directly from OPT to green card EAD, skipping H1 altogether. Just make sure you time everything right.

Let me apologize for bumping this old thread but this thread has been very helpful in understanding the intricacies of applying for GC as a student.

However, i was wondering if someone can please provide a bit more clarity to a question i have. I did my Masters here in the US and i am on OPT Extension. My Employer is willing to apply for GC directly. I understand from the discussion here that it is perfectly legal.
However, i am confused about the travel policies once you start the application process. I would like to visit my home country, ie, India sometime this year. So am i right in thinking if i do start the GC application process now when i am in OPT, it is very risky to leave the country?

I would really appreciate any help with the above. Thanks!