Tag Archives: OPT

If I drop out of Phd program, can I still apply for a Green Card?

Question:

I am on F1 visa enrolled in a PhD program from Fall 2008.I have to enroll only thesis credit hours (10 credit hrs. remained only).  I do not have any classes to attend now

I have completed 65 cr. hours out of 75 cr. hours

Presently I am working on OPT from last 6 Months. My h1 b file this month

I am trying to finish my PhD in a next one year. But not sure.

If I can’t finish my PhD study due to some complex research problem

1. Can I file for (me & my family)   EB2-NIW for incomplete  PhD study?

PL GUIDE/SUGGEST ME.

Answer:

EB2-NIW can be filed by anyone who satisfies the USCIS requirements for national interest. PhD is not really a USCIS requirement. Our website and example packets are designed for PhDs because during the course of their work they satisfy a many of USCIS requirements.

So the short answer is you could file as long as you satisfy these requirements.

Applying for greencard while on OPT

Question:

Hi Team,

I have a question. I think I read a similar question from someone else also. But I had a difference in my degree and certain other things.

I completed my PhD and I am on OPT. I want to know if I can apply for green card while on OPT, or should I go for H1 and then for OPT. Just to let you know my F1 (student visa) already expired. PLs let me know.

Thanks a lot.

Answer:

Just a clarification. OPT is part of F1 status. Your F1 visa stamp may have expired but your F1 status is active since your I-20 would still be current.

Coming back to your main question, you can apply for green card while on F1 but it may not be possible to renew your F1 status (i.e. extend your OPT if needed). This is because F1 is granted on the basis that there is no intent to immigrate. So if you do not need F1/OPT renewal you can choose to apply while on F1.

Hope this answers your question.

Best of luck

Applying for green card while on OPT

Question

I came across you website http://www.greencardforphd.com and found it very helpful. I am a Post Doc now, working on my OPT status (but applied for H1B visa). So can I do the self petition application for green card now (or do I have to wait till H1B approval)? I have attached my CV. Could you please, after reviewing this, suggest me whether I should go for EB1A or  EB2-NIW ?

Answer

Applying for i-140 does not pose any problem on OPT or H1B. There may be some issues involved during the 485 stage, if you apply while still on an OPT. We are not experts at this.  If you plan to apply for 485 at a later date (after you 140 approval), it is fine to start with your i-140 petition.

Your CV is good. You may be able to do either one. Much depends on how the entire petition is prepared and presented. Please review USCIS requirements in both the categories. It may also help if you look at some example petitions before applying.
Best of luck