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Cpt greencard

Original Post

Can I file gc in cpt?

Rati bista
Oct 28, 2018 4:10 PM · 29,599 views
8 Replies
ITWorld Oct 28, 2018 4:19 PM
Namaste Rati ji, You probably can talk to a lawyer or your employer. But if you are an IT major, my company specializes in training and job placements. See our ad here - http://sajhalist.com/view.cfm?... and give us a call. Good luck!
STUPIDA Oct 29, 2018 2:13 PM
Bista ji, question ali incomplete vhayo. Greencard file ta garne, tara under what category? Based on employment (I guess) or other?.. Employment based ho vhane, yes you can as long as you have employer willing to file one for you.
tito-satya Oct 30, 2018 3:02 AM
Nope! You cannot go from CPT to GC on EMPLOYMENT basis. It is because CPT is F1 which has the intention to return to your home country after completing study. Where as GC has the intention to stay. So clashes of intentions. However, there is a provision under law where you can change your status to H1B from F1 and then H1B to GC (most of us are already familiar with this process). PS: Just my opinion. I am not an immigration attorney. Contact immigration attorney to get concrete info.
tesko_baje Oct 30, 2018 10:08 AM
Last edited: 24-Oct-19 03:56 PM
STUPIDA Oct 30, 2018 12:16 PM
@tito-satya - I do not think your logic of "clashes of intentions" matters here. As pointed by 'tesko_baje', this should be similar case with people filing GC while in OPT. Intentions change over time and the burden to prove falls to USCIS. This is a common practice where parents of US citizens come here in US under B1/B2, and once they are here they file for GC. Their intention when they enter US was to stay for 6 months under B1/B2 and return back to their home country. However, once they were here, their intention changed and circumstances changed and hence filed GC. USCIS cannot prove their intentions unless there were past effort made to obtain GC. With all said, I am not an expert on this filed either. These are just my observations and things i learned while going through my own process. I would suggest getting lawyer too and the initial consult will not cost that much.
istamitra Oct 30, 2018 1:20 PM
CPT is mostly short term and cannot be seen as a long term commitment so it is advisable to at least get your OPT to start Labor/LPR application. If you are a STEM major then it gets even better since you will have plenty of time to get your GC. Good Luck!
chabahil_nepali Oct 30, 2018 1:43 PM
We all seem to have this false impression that it is not possible to apply for GC during F1,CPT/OPT. But it is actually very untrue. This rhetoric seems to arise from the fact that very rarely a employer will be willing to sponsor you in those visa status. If ones' employer is willing to sponsor, one can get his GC in F1 visa status same way as in H1B. (My friend got his EB3 GC within 1 and half years during his OPT). But it is to be noted that it is very rare that employers will agree to file for Green card while one is in F1 status. Last edited: 30-Oct-18 01:46 PM
ajoshinp Oct 30, 2018 2:23 PM
Consultancy will do it u give them money
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