F1 to Green card (not on H1 yet)

[libertydc_04]

I'm a student on an F1 visa. I got a job recently and i'm planning to work on OPT for one year. Can anybody tell me if i can start my green card processing before i have a H1 ? If I do so, will that affect my H1 approval in anyway?

 

[HopeToGetGC]

No you may not.

The F-1 visa is a single intent visa meaing that you inted to use it for non-immigrant purposes only (ie studying). As soon as you file for GC, you declare your intent to become an immigrant and this could come back to haunt you later on.

Become an H-1 which is dual intent and then apply for GC immediately. In any case, how would you work for an employer while on F-1 for 3-4 years while waiting for the GC???

 

[Karlshammar]

The USCIS guidelines are like this: if you enter on a visa with no immigrant intent and apply to adjust status within 30 days of your last entry, they assume you tried to defraud them and the burden will be on you to prove you were not trying to commit immigration fraud. 30-60 days since the last entry and they will determine it on a case-by-case basis. More than 60 days and they will assume you are legit absent evidence to the contrary. If it's been more than 60 days, you are most likely quite ok to apply to adjust your status even if you are on an F-1 visa.

If you do apply for adjustment of status, you can still work while waiting for your green card. 90 days after the application for adjustment of status you are eligible to apply for an EAD (Employment Authorization Document), and if you are not approved within another 90 days, you can get an interim EAD while waiting for the real one. So, expect not to work for the 180 days following your application for adjustment of status.

Keeping all this in mind, the best advice a person applying for a green card can ever get and take is: get a good immigration lawyer!

No you may not.

The F-1 visa is a single intent visa meaing that you inted to use it for non-immigrant purposes only (ie studying). As soon as you file for GC, you declare your intent to become an immigrant and this could come back to haunt you later on.

Become an H-1 which is dual intent and then apply for GC immediately. In any case, how would you work for an employer while on F-1 for 3-4 years while waiting for the GC???