STEM OPT to Green Card or STEM OPT to H1B to Green Card ? Kindly help !!

jason_bourne658

Registered Users (C)
#1
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. If anybody has gone through similar process.

Thanks !!!!!
 

sxct

New Member
#2
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. If anybody has gone through similar process.

Thanks !!!!!


Hello There,
I got PERM cleared in the month of January 2013 and I140 cleared in the month of Feb 2013. Still I am in OPT period and just applied for OPT STEM Ext.
My employer filed my GC under EB2 category with India Masters degree.
 
#3
Questions

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. If anybody has gone through similar process.

Thanks !!!!!
-Did you submit EB2? In case you did, did you submit I-140 and I -485 at the same time or did you wait to get I-140 approved before sending I-485?

- Also, does anyone know if I-140 and I-485 (for EB2-NIW) are submitted together and I-140 gets rejected so the I-485 (AOS), but my OPT-card still valid for 5 more months by the time I get rejected. Do I also lose my status to continue working (I have F1-OPT card, I'm already on my STEM-17-month extension, no more OPT extensions)?

I had to start the EB2-NIW to get green card because employer is federal (they aren't able to sponsor visas right now and additionally, for the next project that I want to be in, it is mandatory to be at least in green card status, so neither H1-B's nor OPT's will be hired for this position)

Thanks,
Jorgeq
 
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