Posted by: RadheShyam September 12, 2015
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few things to note to all, maybe, my understanding is wrong. Please correct me, if I am wrong at any point:
1. If you can get an experience letter from your home country, obviously Nepal, from a hospital or some clinic that you have 5 years of work experience, that will really help. And it is really important for the situation where you are in.
2. Do not worry about who would apply when the job would be posted online, and in local newspaper. It is up to the decision to your employer whom to select whoever applies. Yes hundreds of candidates would apply for the position once it is online, but it is your employer who has to select. Your employer can always select you over other candidates. So it is up to your relationship with your employer who they would select. If you have a good rapport with your employer, then, you do not need to worry who applies and what experience they do have.
3. Also understand that if you are in OPT, that means you are in F 1 status. And from F 1 status, there is no way you can go to green card. You must have a H1 to go to green card. You cannot, as per law, jump from F 1 (Student or OPT) to green card. You may need to contact an immigration attorney for that to clarify your doubts.Yes, your labor certificate will approve even if you are in F1 (meaning in OPT) but, your application for I 140 filed from your employer will be denied because the intention of F 1 status is to study, get hands on experience and return to your home land. But, once your employer files for I 140, that means, you have a plan to reside in the USA permanently. That is a dual intention. You are in F 1 and came to USA stating you would return, and now, you are planning to stay in USA permanently. So USCIS will deny the petition of I 140.
1. If you can get an experience letter from your home country, obviously Nepal, from a hospital or some clinic that you have 5 years of work experience, that will really help. And it is really important for the situation where you are in.
2. Do not worry about who would apply when the job would be posted online, and in local newspaper. It is up to the decision to your employer whom to select whoever applies. Yes hundreds of candidates would apply for the position once it is online, but it is your employer who has to select. Your employer can always select you over other candidates. So it is up to your relationship with your employer who they would select. If you have a good rapport with your employer, then, you do not need to worry who applies and what experience they do have.
3. Also understand that if you are in OPT, that means you are in F 1 status. And from F 1 status, there is no way you can go to green card. You must have a H1 to go to green card. You cannot, as per law, jump from F 1 (Student or OPT) to green card. You may need to contact an immigration attorney for that to clarify your doubts.Yes, your labor certificate will approve even if you are in F1 (meaning in OPT) but, your application for I 140 filed from your employer will be denied because the intention of F 1 status is to study, get hands on experience and return to your home land. But, once your employer files for I 140, that means, you have a plan to reside in the USA permanently. That is a dual intention. You are in F 1 and came to USA stating you would return, and now, you are planning to stay in USA permanently. So USCIS will deny the petition of I 140.
Please do not get confused on my explanation of going to H 1 from F 1, that is completely different rule and law.
Also, please note that I am not an immigration attorney or any such person who knows immigration law of the USA. I am just sharing my personal experience and I should not be liable for any thing I mentioned. I would suggest you contact a good immigration attorney and get the matter straight.
Last edited: 12-Sep-15 11:47 PM