risk of asking a lawyer about green card when on opt

Can I apply for OPT and green card at the same time?

Mar 15, 2022 · OPT to Green Card: How to Apply. F-1 students applying for a green card need to be sponsored by an employer and must be deemed eligible for green card status through employment. The process begins with the sponsor applying for a labor certification from the Department of Labor, and then submitting a Form I-140 (Immigrant Petition for Alien ...

Is it too early to apply for a green card?

Jul 14, 2017 · Because the H-1B visa is difficult to obtain, many employees then ask whether the employer should bypass this process and apply directly for his or her permanent resident status, or “green card”. For individuals from countries where there are currently more applicants than permitted by law, such as China and India in the EB-2 and EB-3 ...

Is it feasible to transition from F-1 opt to green card status?

7031 Koll Center Pkwy, Pleasanton, CA 94566. facing a DUI? Call for help. 833-890-0666. Free no obligation consult with a lawyer. master:2022-04-05_10-14-50. If you are interested in obtaining a green card in order to live, work, and stay in the United States for more than just a temporary time period, then you probably know that the rules and ...

Do I need an immigration lawyer to get a green card?

Oct 21, 2012 · Hi, I just finished my Ph.D. and started working for a company. I am on F1/OPT. I have nine publications in the high impact acceptable journals, around 10 conferences, and 3 patents (the patents are not US patent).

Does USCIS send green card to attorney?

Remember, we will mail your card or travel document to the address you provided on your application (unless you told us to mail it your representative on Form G-28, Notice of Entry or Appearance as Attorney or Accredited Representative).Sep 21, 2018

Can you apply to green card while on OPT?

If you are an F-1 visa holder who participates in OPT, you might be able to apply for a green card. While participating in optional practical training provides you with the ability to secure employment in the U.S. that directly relates to your degree, the OPT program only gives you a temporary employment authorization.Jul 16, 2020

How long does it take from OPT to green card?

If an individual has just started a 12-month OPT and has a highly motivated employer,the entire green card process could be completed within a year based on current processing times.Jul 14, 2017

Is OPT considered F-1 status?

Overview. OPT (Optional Practical Training) is a benefit available to international students in F-1 immigration status who are enrolled in, or completing, a degree program in the United States. This employment can be used: Before completion of studies during an annual vacation or leave term.

Can F-1 students get green card?

The employer must petition for you to the US Citizenship and Immigration Services (USCIS) and get approval. For the nonimmigrant visas, the F-1 student cannot self-petition. Only the employer can start the process. After getting the dual intent visa, the international student can try to apply for the Green Card.

Can you apply for H1B while on OPT?

F1 students can also apply for H1B visa after graduation or during OPT.

Can I go back to school after OPT?

as long as you get a new I-20 within 60 days of your OPT expiration date and start school in the first available semester within 5 months of that expiration date - you are still in F-1 status. Remember, as soon as you get a new I-20 - you forfeit the remainder of your OPT if you got a new I-20 before your OPT expired.Feb 7, 2007

Can you get green card without H1B?

Contrary to the popular belief, there is no requirement that an individual be in H1B status before an employer can start the Green Card process. There is also no USCIS requirement that the employee must have been working for a minimum period of time. The Employment based Green Card process can be initiated any time.

How can I stay in US after OPT?

4 Options After OPT Expires to Stay in the U.S.Option #2: Apply for a J-1 Visa. A J-1 visa is typically issued by USCIS to professors, researchers or exchange students. ... Option #3: Start a Business. ... Option #4: Go Back to School. ... Learn More.Aug 15, 2017

Can you quit job on OPT?

During the period of OPT authorization, a student should be working or actively seeking employment. If you decide to quit your job, or if you do not find a job, keep the unemployment rules in mind. Students on post-completion OPT have up to 90 days of unemployment.

Can I get new i20 after OPT approval?

During your final quarter, after you submit your Post-Completion OPT application. You can travel and reenter the U.S. as a student during your final registration quarter. You will use the new I-20 with the OPT recommendation printed on page 2, along with the other regular travel documents.

What will be your immigration status during OPT?

Your F-1 status continues through the OPT period. You must stop your employment when the end date on the EAD card is reached, but may remain in the U.S. for the 60-day grace period. and the begin date on the card has been reached.

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What Is So Difficult About Applying for a Green Card?

The U.S. immigration system is widely regarded as "broken." The law itself is torturously difficult to understand. It takes lawyers years just to become comfortable with the ins and outs of various types of visas, green cards, and other benefits.

But I Like Doing Things Myself!

A few hours trying to fill out immigration forms, and you might just change your mind.

How long does it take to get a green card?

It currently takes about 2 years to get the green card in this category. However, keep in mind that the procedure consists of two steps: filing I-140 and I-485 forms. After you file I-485 (can be done separately or together with I-140), it does not really matter when your F1/J1 expires, because you can stay in the U.S. legally with “I-485 pending” status even if F1/J1 isn’t valid anymore. Please take this into account and feel free to ask any further questions.

How long does it take to get an EAD after filing an I-765?

I am not sure I understand the question. It usually takes a couple of months to get EAD after filing I-765. We live in special times, so it can be longer.

Do I need to meet the NIW requirements?

From your description you should have a good chance in the NIW. Besides satisfying at least 3 statutory USCIS criteria, you would also need to meet the additional NIW requirements (substantial intrinsic merit, national in scope and the significant benefit derived from your participation in the national interest field of endeavor considerably outweighs the inherent national interest in protecting U.S. workers through the labor certification process).

Can I get a PhD while in OPT?

July 12, 2017 at 12:27 am. Yes, you can apply for PhD while in OPT extension. OPT is available for a maximum of 12 months per educational level. A one-time extension of 24 months is available to certain STEM degree recipients, see details by the link below.

Can I file for J1 if I am denied?

Yes, if your application is denied or de layed, you still can continue your studies. Please keep in mind that once you file I-140, you may not be able to obtain F1 extension or apply for J1 because of conflict of intents. So, it makes sense to get all the extensions before filing I-140

Can I work with an I-765?

If you did, and it got approved, you can work everywhere. If you did not or it is pending, you can still work under terms of the OPT. Normally, I-765 is approved faster than I-485.

Can I switch to J1 if I file I-485?

Another risk is that you won’t be able to switch to a non-immigrant visa (such as J1) if I-485 is filed. Otherwise, besides the fees, I do not see additional risks.

Hany S Brollesy

You may not have to leave the U.S., but after your current OPT EAD expires, you cannot work until you receive a new EAD based on your pending green card application.

Giacomo Jacques Behar

Once married to a USC you can apply for your green card in the USA without having to leave.

Eitan Zwi Magendzo

You should apply in advance and submit the I-765 along with your application which will allow you to work about 90 days after you apply. You're not allowed to continue working in the meantime after expiration and before getting the EAD card.

Afia Yunus

If you are marrying a US Citizen and apply prior to the expiration of your status, you can stay in the United States until the adjudication of your application. You do not accrue what's termed unlawful presence for purposes of being barred from reentry to the U.S. if you are on an F1 visa.

When will I-485 be approved?

It will not matter but in any case If you file your I-485 in the first week of March it should be approved by June 2nd week. The service aims to approve EAD's within 90 days, but it generally gets approved faster.

Is an I-765 an extension of status?

Go ahead and apply for OPT EAD, which is not a status. The filing of an I-765 is not an application which extends or changes status such as the I-539 or I-129.

Can I get an extension for my green card?

No, it is not a problem. This would not be an extension application showing non-immigrant intent. You can apply for your OPT EAD in mid-February and file for your "green card" at the very beginning of March. The processing time for both these two types of EADs is about 3 months at present. You could be OK just by filing your "green card" application, however. The time difference would be only about 2 weeks between the two filings. I would probably just focus on the "green card" application so that it is properly and promptly filed, but it is really up to you.

Can I get married before I graduate?

Theodore John Murphy. If you are getting married to an American citizen before you graduate then do not bother with the OPT process. As soon as you are married file the papers for the immigrant visa and the adjustment of status. You can file for the work authorization at the same time.