H1B or Employment Based green card

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H1B or Employment Based green card

Anonymous Feb 14, 2017 Business 4 views 3 answers

Myself: 1. I am from China 2 Bachelor in China Master of accounting from a US university 3 My OPT expires on 03/04/2017. 4. My boss would like to help me apply for H1b or employment based green card for me. I have some questions. Route 1: If choosing H1B, is it possible that I can work on "CPT" while waiting for H1B result? If this "CPT" exists, will US government be suspicious about the fact that I work around the rules and try to "make money" while waiting for H1B results. Route 2: If choosing employment based green card, (1) when can i start working? how long is the wait? (2) when can i change status? how long is the wait? Basically, i want to know the better option. Lastly, i really love to have a free consultation with you (if possible) to discuss my situation in more details. If your answers are good or willing to work with me as your new client, call or email me. My phone: 323 369 6834 email: [email protected]

Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed · Accepted Answer · 2026-06-15T17:45:05+00:00

"Route 1" does in all likelihood not exist in your situation. Confer with your school's DSO about it. "Route 2": 1. Can only start working once get an H-1B approved on your behalf. Will not know until June or beyond. 2. As soon as the labor certification application filed on your behalf has been approved, IF your "priority date" happens to be "current" and you can concurrently file for I-485 AOS alongside the I-140 immigrant petition your employer will file. Approval of the I-140 will take 6-9 months (unless file "Premium", in which case USCIS will only take 14 days or less to issue its killer RFE..), and the I-485 should be approved within a few days or weeks after the I-140. "Better option" and best strategies can only be discussed during a private, paid consultation with an experienced lawyer via Skype.

Wendy Barlow · Accepted Answer · 2026-06-15T17:45:05+00:00

Route 1 does not appear applicable to your situation. You should speak to your DSO about viable options that may be available. Route 2 will require you to obtain some interim nonimmigrant status that allows for employment such as H-1B. An employer can file an immigrant visa petition on your behalf at any time but you cannot seek to adjust your status to a lawful permanent resident until your priority date is current. It can take years for a priority date to be current depending upon the classification and country of citizenship. Without knowing more, I cannot comment on what is your best option. You will need to contact attorneys directly for their consultation policies.

Donald Smith · Accepted Answer · 2026-06-15T17:45:05+00:00

!) possible of re-enrolled in school, 2) China has long waits for green cards, check the Visa Bulletin, 3) H1B employer petitions filed April 1 for Oct 1 start date.

H1B or Employment Based green card

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