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Can I file for permanent residency from an F1 visa?
Anonymous3 views4 answers
Hello, I am originally from Barbados and have been in the US for over 10 years. I have completed both my BSc and my PhD degrees and I am currently on the final 6 months of my post-completion OPT work authorization (F1 visa). My current employer has recently indicated that they will not file for an H1B visa. Is it acceptable to submit an application for a green card from my current F1 visa status or would the result be a definite rejection? Considering my research and scientific record I am likely to apply under the EB1 category. Are there special considerations I should make given that I will be on F1 and not H1? Thank you in advance for your reply.
You really need to speak with an immigration attorney. First, if you are going to adjust status, that is get your green card through an employment based petition, I always, always, always, make sure that my client is in valid legal non-immigrant status. That means it would make more sense to do a change of status from F-1 to H1-B then apply for an I-140 EB1 petition. I am concerned that if something happens with the I-140 visa petition, such as a denial, your I-485 application will be denied, then you will be out of status and cannot do a change of status or apply again unless you are an immediate relative of a United States Citizen. Although you may have the credentials for and EB1 petition, anything could happen. Also, the issue of dual intent with an F-1 verses the fact that dual intent is not an issue with an H1-B. Again, speak with an immigration attorney about your case, feel free to contact my office as initial consultations are free.
I agree with my colleague. The employer more often than not has a lawyer who is well versed in matters relating to the immigration process of its employees.
Goodluck.
You need to see a lawyer to answer this question in light of your own personal situation. Generally, and F-1 student has no basis to adjust status. Adjustment would require a petitioning relative or employer.
If you qualify under the EB1 category and can submit your petition while you are still in valid non-immigrant status it may be possible to adjust. F1 does not have dual intent, but that does not mean you cannot adjust from F1. As long as you did not intend to immigrate when you entered on the F1 it is possible to adjust. Qualifying for EB1 is not easy, and even for a very smart person like yourself, you are going to need a lawyer's assistance. You may also be able to find a different employer for an H1B, though, as you are aware, time is getting short.
