Obtaining Greencard while on F-1 Status and OPT

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ctraquair

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I am on F-1 at the moment and have just applied for my OPT as my MBA ends in 3 weeks. MY OPT start date will be mid april and i will be getting married at the end of july. I currently have a job offer and will be taking that in the summer while on my OPT.

Now, here is the pickle, and my questions.

When i go ahead and start the Greencard application, do i become ineligible to work until that application is accepted? This doesn't make sense to me but i have been told this by my International Advisor. For example, i am working in september and as soon as apply for my greencard i can no longer work for that company until i recieve my greencard??? would that mean my OPT would not be ineffective?

Also, would i be able to leave the country in December for Christmas break?

I sort of have an idea of the answers but nothing has been confirmed to me and i am looking to plan ahead.

Any input is much appreciated.

Thanks,
 
Congrats on your marriage.

There is something that you should consider before getting a green card - F1 on OPT do not pay SS taxes, so you might want to wait with the green card as long as you can. Check this with a CPA. You will need to time getting the GC with finishing the OPT period.

When you apply for your green card (your marrying a US citizen, right , not a GC holder?) you apply for an EAD card that will let you work (similar to the OPT) , you will get it up to 90 days from the day they get your application.

Similar for travel, you can apply for AP and that will allow you to travel. Again, takes them up to 90 days to get you the AP documents.
 
ctraquair said:
When i go ahead and start the Greencard application, do i become ineligible to work until that application is accepted? This doesn't make sense to me but i have been told this by my International Advisor.
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Not at all. Your IA is clueless - just file an I-765 with your application.
 
ctraquair said:
Also, would i be able to leave the country in December for Christmas break?
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Once you get married, you'll have problems trying to reenter the US with an F-1 visa if Immigration knows about your marriage to a US citizen. So after you get married, don't leave the US without Advance Parole.
 
There is something that you should consider before getting a green card - F1 on OPT do not pay SS taxes,
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not always true. My second OPT was in my 9th year in the US. I paid all US taxes. During my first OPT I also paid all taxes.
 
I said - I paid ALL US taxes, including income taxes and FICA.

And by the way, your F-1 status (whether you are on OPT or not) does not end automatically as soon as you file for AOS. As a matter of fact, you are encouraged not to fall out of status after you have filed your I-485. I successfully finished my OPT after filing for AOS, and then started working with AOS EAD when I finally got it. There was a gap of two weeks between them when I had to quit working because my OPT ended but I haven't gotten my AOS EAD.
 
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Thanks for all of your responses.

If i start my application process during my OPT, say around September, i can continue working aslong as i apply for I-765?

To be able to leave the country while my application is in process, i would need Advance Parole AP, to be able to do so. Is this a guaranteed reentry assuming all other things are above board?

How long is the complete process, if i started in September, when would i receive my green card or initial residency?

Lawyer or no lawyer?

How easy and quick is it to get I-765 and AP?
 
Assuming all is Kosher with your application - between 4-6 months to get the GC.

If you have several days to sit and learn the forms and make sure you are doing it right - then you do not need a lawyer.

You apply for the I-765 and AP as part of the application for free. You should get the AP and EAD card in up to 90 days.
 
"You apply for the I-765 and AP as part of the application for free. You should get the AP and EAD card in up to 90 days."

So in that period i cannot work? As in 90 days where i have to wait to be eligible to work or i can continue to work through my OPT?
 
LucyMO said:
I said - I paid ALL US taxes, including income taxes and FICA.

And by the way, your F-1 status (whether you are on OPT or not) does not end automatically as soon as you file for AOS. As a matter of fact, you are encouraged not to fall out of status after you have filed your I-485. I successfully finished my OPT after filing for AOS, and then started working with AOS EAD when I finally got it. There was a gap of two weeks between them when I had to quit working because my OPT ended but I haven't gotten my AOS EAD.
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I did read it but obviously not correctly, from what i understand...

You were on OPT, applied for greencard and continued to work through your OPT while your application was processing? Correct? This had no bearing on the outcome of your greencard decision?
 
no, it had no bearing on the outcome. I am a citizen now. Plus, the immigration officer actually commended me for maintaining my F-1 status for so long.
 
ctraquair said:
"You apply for the I-765 and AP as part of the application for free. You should get the AP and EAD card in up to 90 days."

So in that period i cannot work? As in 90 days where i have to wait to be eligible to work or i can continue to work through my OPT?
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You should expect to wait 2-3 months to get your AOS EAD. While you wait for it, you can keep working if your OPT EAD is still valid and you have otherwise done what is necessary to maintain your F-1 status.
 
ctraquair said:
To be able to leave the country while my application is in process, i would need Advance Parole AP, to be able to do so. Is this a guaranteed reentry assuming all other things are above board?
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Only US citizens have a guarantee of entry. But practically speaking, using Advance Parole based on a marriage-based AOS is a near-guarantee of entry if everything else is in order. Everything else being in order includes being in the US from the day the AP was applied for until it is approved.
 
STEM OPT (F-1) Visa to Green Card or F-1 to H1B to Green Card

Hello,

I am on STEM OPT (F1) till end of May 2014. I have done my Masters in Computer Science from USA (Advanced Degree) and currently living and working in USA on STEM OPT EAD Card which is valid till 23 May 2014. On my Passport I have F1-Visa Stamp till July 2014.

My Employer right now wants to start Green card application under EB2 Category. So I am wondering do I need to do H1B visa first starting 1st April 2013 and then once it is approved and then let my employer start Green card application or can they start Green card application before H1B since I already have work permit and visa till 23 May 2014.

So should employer do H1B first is it required or employer can right away do Green card application under EB2 Category. My employer is talking with lots of Immigration lawyers which they use normally for all such work, but I want to get some knowledge on my end as well since I do not want to take a risk. I am ok with not leaving USA untill my Green card comes. Kindly suggest, if someone has some insights on this matter. I would appreciate that.

Thanks !!!!!
 
jason_bourne658 said:
Hello,

I am on STEM OPT (F1) till end of May 2014. I have done my Masters in Computer Science from USA (Advanced Degree) and currently living and working in USA on STEM OPT EAD Card which is valid till 23 May 2014. On my Passport I have F1-Visa Stamp till July 2014.

My Employer right now wants to start Green card application under EB2 Category. So I am wondering do I need to do H1B visa first starting 1st April 2013 and then once it is approved and then let my employer start Green card application or can they start Green card application before H1B since I already have work permit and visa till 23 May 2014.

So should employer do H1B first is it required or employer can right away do Green card application under EB2 Category. My employer is talking with lots of Immigration lawyers which they use normally for all such work, but I want to get some knowledge on my end as well since I do not want to take a risk. I am ok with not leaving USA untill my Green card comes. Kindly suggest, if someone has some insights on this matter. I would appreciate that.
Click to expand...

H1B is not required at all for employment based green card, but it is common to obtain it because of the length of the green card process. You need to maintain some kind of legal status while waiting to get far enough in the green card process to become eligible for adjustment of status.

If you were born in India or China, you can expect to wait several years to become eligible for adjustment of status, so you'll definitely need the H1B in order to stay in the US legally while you wait.

If you're not from India or China, there is a good chance you'll be able to file for adjustment of status in EB2 before your OPT expires in May 2014, in which case you wouldn't need the H1B. But there is a risk of your initial GC/PERM processing being delayed beyond the expiration of your OPT, so it is recommended to get H1B before your OPT expires, otherwise you'd be forced to leave the US if you don't reach the adjustment of status phase soon enough. There is also the risk of the labor department downgrading your application to EB3, which would add years to your wait time.
 
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H1B Consular Processing VS H1B Change of Status

Hello,

I am on STEM OPT (F-1) (Indian Citizen) working here in USA and my STEM OPT is valid till 23 May 2014. My Employer and its immigration attorney wants to file H1B this year i.e. April 2013. But they wants to file H1B consular processing i.e activate H1B only from May 2014 instead of H1B change of status which gets self activated on 1st October 2013.

So is there any disadvantage of going with H1B consular processing instead of going with H1B change of status. I have to go home to India in any case to get my H1B stamping done. so please advice onto which option is safer/reliable i.e. H1B Consular processing or H1B change of status. This is with respect to my case.

Thanks.!!!!!!!!
 
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