H1B or GC?

Archived from the original Sajha.com — preserved as posted, replies can no longer be added here.

Archived Post

Hi Experts, I am currently in OPT it is expiring by the end of the year. I have applied for STEM OPT extension. I have a legit job and work for financially sound company. When is the right time to file for H1B?  I think the quota opens April 2011 and starts on OCT. Please correct me and tell me if this is the right way to go. Another question is my company said they can file green card too. How can they do that? EB3? I have a bachelor degree :/ I don't qualify for EB2 but I've started working on my masters degree. Any legal experts can quantify any of the above claim? Can I just go with the green card process? (They have just told me about it and I have not asked for any details. The company has its own full time attorney if plan to purse this but I wanna make sure from someone outside that I'm not being over ambitious or the process is gonna take forever. Your comments are greatly appreciated. Thanks!

Smart_Lato · Sep 16, 2010 8:43 PM · 14,818 views

5 Replies

Neither GC nor H1B Apply for DV. This is the way to go. Nop tension whether u hv a job , nor to maintain status, nor getting afraid of getting laid off. u always hv time, no one to put pressure on unless like F-1 status student who came with a dream. BTW U can alwys flirt around with neighbour. possibly may be :))), u know wht i mean

switu · Sep 17, 2010 2:41 AM

Smart, Once your STEM OPT extension is approved, I would apply for H1B with your company in April 2011. H1B will be effective from Oct 2011. Once your H1B is approved and effective in Oct 2011, I would file for Green Card in EB3 category. Good Luck Last edited: 17-Sep-10 08:16 AM Last edited: 17-Sep-10 08:17 AM

sunrays · Sep 17, 2010 8:10 AM

H1B application is still open since the total cap has not been filled yet. So tell ur company to apply for H1b within this month and u will get approved. Ur h1b will be starting from october 2010. By doing so, u don't need to apply for STEM.  Also, going thru GC under EB3 is a very long process, it takes couple of years. So apply for H1B. Once u r in H1B, then slowly start GC process.  Last edited: 17-Sep-10 10:04 AM

jhyamma · Sep 17, 2010 10:04 AM

stay in OPT and apply for Green card labor directly. Then you can file i140 premium processing and i485 together with free EAD and AP application and just stay out of staus thing in six months if you are lucky. In my case whole processing took around 6-8 months so go for it and let me know any specific details

Gohtalo · Sep 17, 2010 11:47 AM

Gohtalo suggestion is about EB2, for EB3 perm takes around 9 months and I140 around 6 months, then you wait for 485 to be current, which might take years. I'd suggest you to apply for GC asap be in OPT and get the extension and get H1B when there is no other way. GC is a really long wait for EB3.

onlyassignments · Sep 17, 2010 5:17 PM

This conversation is preserved exactly as it was on the original Sajha.com and can't accept new replies.

Start a New Discussion

H1B or GC?

You might be interested in...