Immigration Issues/F1 to GC

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Question
I am a student on F1 visa. I will be graduating this may. I have a full time offer from a company. The employer told me he wont sponsor for H1b but he will sponsor for green card. Is it possible to jump from f1 to green card without going through h1b? please give me your suggestions and possibilities of danger.

Answer
Hi,

As F1 visa status does not allow for intention to immigrate to the U.S., the recommended course of action is F1 to H1B to GC process. H visa status allows for intention to immigrate to the U.S.

In addition, unless you have CPT or OPT, you cannot be employed in F1 status, and since OPT is for a maximum of one year, and the GC process can take several years depending on country of chargeability as well as EB2 vs EB3 category before employment is authorized through the GC process, it is important to have interim employment authorization through H1B visa status while the GC process is occurring. Additional reading is here: www.h1b1.com/laborcert.htm and www.h1b1.com/visawaiting.htm

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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