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What are multiple options to stay and continue to work full time in USA? Please add any new comments in addition to below.

Immigration 2 views 3 answers
Hi, I have a query regarding my options to stay and continue to work in the US. Basically, I have completed my Masters from NYU in Electrical Engineering when I was on my F-1 Visa. In April 2015 I applied for my H1-B visa for FY 2016 after rejecting in lottery in H1-B visa FY 2015 and applying to STEM OPT. I haven't received any update on my H1-B application for FY 2016 till now. If I didn't make it this time, I am looking for the possible options to stay in USA and continue to work as a full time employer. I have below listed options but I'm not sure which 1 can practically work out. 1. Green Card application through my employer. [In this I'm not sure if employer can apply for GC from F-1] 2. Self Petition for GC 3. Applying for PhD thus getting F-1 from school and then work full time

Attorney Answers

3
Boris Palant ·
You need to consult a lawyer and give him/her all the facts rather than pose theoretical questions. The information you have provided is insufficient to answer your question, and the way you formulated your questions suggests you need professional guidance.
0 upvotes
Laurence Drew BortenImmigration AttorneyNew York, NY ·
1. Yes, an employer can apply for GC from F-1 but you will need to maintain legal status for the 2 years or so it takes before you can adjust status. 2. This is only possible under very limited circumstances which are unlikely for a recent graduate. You need to present a lawyer with more information. 3. Yes, this is an option -- again, you must maintain legal status if you want to do this without leaving the U.S.
0 upvotes

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