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Immigration Issues/H1B quota ended & H1B not filed. GC?

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Question
Hello,

I am currently an MBA student half way through my course. I was able to find a job as an engineer (I am an industrial engineer) and started working through CPT full time since I'm on summer break. While on CPT the company started my application for H1 visa and this week I received the disappointing news that the quota was reached (they had not sent out my application yet). Is there anything else the company can do? All I could think of was doing OPT but even that would have to be part time. Today a professor at my university talked about the option of the company applying for a green card for me. Is that possible? Going from F1 to green card? Thank you!

Answer
Hi,

F1 status does not allow for intention to immigrate to the U.S. However, the start of the green card process (also known as PERM) is acceptable as it is not an immigrant petition: www.h1b1.com/laborcert.htm

You should first be in H1B status, which allows for intention to immigrate to the U.S., before the company supports you for the step after PERM certification from the Department of Labor, which is filing an I-140 petition ("petition for immigrant worker") with the USCIS.

You are totally dependent upon the sponsoring employer to support you for PERM and I-140, etc. as you cannot self-petition.

Immigration Issues

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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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