F1 --> GC switch. Is it possible?

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oneniner

New Member
I am earning a Ph.D. degree right now in the US, in a science-related field and I am originally from Ukrain. Published couple papers, went to a few conferences, am a member of a scientific society. I earned my B.S. in the US also, been in the country for close to 6 years. I am looking to apply for GC before I get done with Ph.D. so i have more options after I am done with the school. There is not real good immigration lawyers where I live (Nebraska) so I am looking to get some advice. So is there a hope for me?
 
oneniner said:
I am earning a Ph.D. degree right now in the US, in a science-related field and I am originally from Ukrain. Published couple papers, went to a few conferences, am a member of a scientific society. I earned my B.S. in the US also, been in the country for close to 6 years. I am looking to apply for GC before I get done with Ph.D. so i have more options after I am done with the school. There is not real good immigration lawyers where I live (Nebraska) so I am looking to get some advice. So is there a hope for me?
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:rolleyes: F1 visa is not a dual intent visa. Do you remember that you make a statement to the U.S. consulate in your home country at the time of applying for F1 visa that you will return to your home country upon completion of your studies in U.S? F1 visa holders must not have immigration intent. So, you cannot apply for GC while you are on F1. You have to find an employer, convert your F1 visa to H1B visa or any work visa and then apply for GC.
 
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well my visa expired a few years ago, lol. All i have now is the F1 status. I heard of some people in grad school with F1 applying and getting the GC (and some people did not get it). So I am trying to understand this.
 
oneniner said:
well my visa expired a few years ago, lol. All i have now is the F1 status. I heard of some people in grad school with F1 applying and getting the GC (and some people did not get it). So I am trying to understand this.
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Even though your F1 visa in your passport has expired, if you have a valid I-20, you can remain in the U.S. and your status is considered F1 status. F1 students must not have immigration intent. Hope this helps. :rolleyes:
 
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The cases of switching from F1 to GC you heard of must be family-based. For instance, a grad student with F1 who marries a US citizen would be allowed to adjust the status to become a permanent resident (I know of quite a few cases of this kind myself), or perhaps, a grad student who has a step parent who happens to be a US citizen should also be allowed to make the adjustment (I personally know of one case like that).
The bottom line: one can emmigrate to the US only either based on family or employment. Of course, here I'm neglecting cases of asylees, but that is probably irrelevant anyway to your circumstance.
 
Your option is to convert to a H1B and then apply for GC. I am not aware of directly applying for a GC from student status.
 
If a F-1 student was doing research that was critical to US and say, a government agency was willing to put that on paper, then the student may apply for a GC based on a category that does not require a LC.

But the moment that application is mailed, the F-1 status is in danger. Even if the GC is rejected, there's very little chance of getting the F-1. So you can apply for a GC, but you cannot get a new visa stamp, and you should best not leave the country till the GC is approved.

Basically, it's a huge risk. If you have a very strong case (and are very sure of GC approval), then maybe. Otherwise, go the H1 route. I think it is FAR easier to find a H1 than to get one of those outstanding researcher / national interest waiver visas...

~T
 
I have been in the country for last 6 years so it does not bother me. The main thing is that they would not take my status away from me.
 
By looks of it, the status itself would not be lost if you applied for a GC, as long as you keep it continously valid (always having a valid I-20). But if you were to try reapplying for F-1 / apply for a visa stamp / try reentering the country, you'd be in a messy situation. Also, after applying for a GC, the only visa status you can qualify after the fact of having applied GC are H and L visas only.

I don't know about your profile, but take a look at other forums to see what it takes to qualify for a EB-1 OR (outstanding researcher) and NIW (National Interest Waiver). They are VERY hard to get. Just applying to take a chance may very well do more damange than good.


~T
 
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The switch is possible, but I would not recommend it. I know of at least two people who have gotten green cards while on F-1 status.

Read the consular application for a non-immigrant visa very carefully. Do a google search and find the web page of your home US consulate, where a downloadable form should be available. There is a line that states "have you applied for an immigrant visa or adjustment of status...?"

I don't think that an I-140 necessarily implies that you have filed for immigrant status. That is the domain of the I-485. So I would apply first for I-140 (NIW or EB-1EA are your only avenues), and if that is approved, I would file the I-485. At that point, you can have travel and work authorization, and getting the I-485 approved is the easy part, once you have the I-140 approval in your pocket.

I think this would be possible, while keeping everything"legal" in the eyes of USCIS, but I would also think long and hard before doing it.
 
a TN also does not have dual intent. This does not mean a TN can not apply for a GC. This mean that once the person has applied for a GC, they no longer qualify to get a new TN.

I got my GC through from a TN, and it was perfectly legal, although I agree, that there are more pitfalls one needs to watch out for during the process to remain legal when compared to an H1b. Regardless of the issues, its still possible, and that is the question here.

Wouldn't an F1 fall in the same category as a TN for the purposes of adjusting status to a GC?
 
i am on an f-1 visa currently pursuing a ph.d. while working at the NIH. i have applied for a GC under the eb-2/niw category. i have a doctoral degree from india in medicine.

you can apply for a GC based while on an f-1. you cannot concurrently file i-140 and i-1485 for adjustment of status. you will lose your f-1 student status as soon as you file 485. so the bottomline is yes you can file a 140 without 485.
 
It is possible to go from F-1 to GC. You can got through employment sponsorship which is very complicated for employer because they have to prove that they can't find a US worker to do the job. Another option is to play DV lottery, the fastest and easiest way if you have a little bit of luck. I'm one of the selected people for DV2005 and I'm in process of AOS. In December 2004 I've submitted the paperwork to USCIS. As it looks right now, I could have the stamp in my passport by the end of May.
 
Apply for I-140 as NIW and during the filing do not leave the US, wait for the decision. When I-140 approved, file I-485 and get your EAD and AP, then do whatever you want. Do not believe all discoroauging notes here. Go and talk to lawyer if you still doubt. I have got my I-140 approved being on J1 visa, which is kind of similar to F1 as at is not immigrant. Everyone said me that it's difficult, impossible. Everything possible, research into that, go see the lawyer and file it yourself !
 
Yes, it's possible but very difficult now. A few years back (before 99), I know that a few friends of mine got GC through EB2 (NIW) while they were PH.D. students, some of them didn't have M.S. degrees, nor did they published many papers. however, things changed since 99, now the requirement for NIW is almost similar to EB1 OR.
As Blue235 said, you best bet is through DV program since you are from Ukrain. however, yu can still try EB2 (NIW) since no job offer is required.
 
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