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akudipudi

akudipudi

New Member
I'm currently on my Initial Optional Practical Training (OPT) and working for a non-profit organization. They've offered to apply for an H1B visa for me whenever I'm ready. However, I've asked them to wait because I want to make the most of my OPT period and save on taxes.

Today, I met with my immigration paralegal, and she mentioned that it's possible for me to apply for labor certification and an i140 petition while I'm still on OPT. However, she didn't explain what happens next. My question is, if I apply for an i140 while on OPT through my non-profit employer, will my OPT be extended indefinitely if the i140 is approved, similar to how an H1B visa works? Or how does it work exactly? Am I eligible to apply for labor certification and i140 while on OPT and the STEM extension? I want to make sure I don't take any unnecessary risks, so I appreciate your help.

As for the second issue, what if I agree to drop the H1B visa application and proceed with the i140 through my non-profit employer? Am I still bound to them because they are a non-profit organization? After the i140 is approved, can I switch to a for-profit employer if I lose my job or want to change jobs while keeping my approved i140 and H1B? Your guidance on these two issues is greatly appreciated.
 
It possible to process PERM & I-140 while you being on OPT.

Your are eligible for post completion OPT of 12 months and if you are from STEM occupation you are entitled for additional 24 months.

I am assuming you are Indian born therefore I don't think your priority date is not current and you are not eligible to file I-485 and filing of I-485 gives you privilege of AOS OPT.

H-1b's filed by non-profit organization are not subject to numerical limitation whereas if you choose to work for for profit organization you need to be lucky to be picked in h-1b lottery.
 
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