EB2 while on OPT status !!

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I'm working full time for a company with a F-1 (OPT) status, currently @ 6th month of 12 month's OPT period (still have additional 17 months of STEM extension). My company is willing to process my H1B and then eventually green card down the road. However, I was wondering if we can skip the H1B and directly apply for green card (through EB2 category), now ! What are the step-wise procedure/s and the approx. lead times for each ? Given that I've 17 plus few months or so before my OPT expires, is time a limitation for me ? Just wanna make sure if this whole idea make sense !Any response/opinions/suggestions appreciated !  Thanks

iLED009 · Nov 7, 2013 5:11 PM · 1,719 views

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As you have so much time and your employer is interested, i would suggest go for it. yes you can apply for GC while you are in EB2. Most of the people prefer to do H1b and then GC just to be in safe side. One thing which you have to remember is your F1(OPT) is non immigrant VISA and GC however is immigrant VISA. That means if you ever have to go back to Nepal before you GC got approved and if your current F1 visa is already over and have to renew it then there will be problem and you will be denied for sure because you already violating the non immigration visa's intention. H1b however is dual intent visa (immigrant and non immigrant visa). That's why people prefer to apply GC after H1b and they don't have any problem while stamping just because they applied GC. Hope my answer help you.

sajhamitra · Nov 7, 2013 5:40 PM

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EB2 while on OPT status !!

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