Tag Archives: F1

Pending I-140 travel on F1 or Advanced parole

Question:  I got my OPT 17 months extension in May 2013, and last month I applied for I-140 (NIW).  I’m planning to visit my country in near future, so I think it would be better to have H1 rather than  F1-OPT. I have following questions:
Q1: during the processing time of I-140, can I apply for H1 (academic by the University)?
Yes you can apply for a H1B, since the visa holder can posses immigration intent. However, you may not be able to extend an F1 or apply for a J1.
Q2: After obtaining H1 if I140 is still not approved can I go outside USA?
You can always travel outside the USA and reenter using a valid H1B visa. This will not affect your i-140 processing.  However you should get a visa H1B visa stamp at the US consulate in your country.
Q3:After obtaining H1, if I-140 is approved  before I travel outside, can I travel outside USA before applying for I-485?
Yes. Same as question 2.
Q4: After having H1, and if I-140 is approved , and if I applied for I-485 before I travel outside USA, do I have to apply for travel document while I-485 is processing?
In this situation you have two choices. You can apply for an Advanced Parole (travel document) and use it. This is safe since your i-140 is already approved. If you use the AP your legal status becomes “pending i-485” (parolee) and your non-immigrant H1B status is considered abandoned. For your work purpose you can apply for an EAD (in the pendingi-485 status) and use it as a work permit.
Second option is to use your H1B. If you want to use your H1B you should already have a stamp or get H1B stamped. In this case your status is still H1B.
Both are safe options. Most people prefer the former if their i-140 is already approved.

F1 applying for greencard under EB2 NIW

Question:

I am interested in applying for green card under NIW EB2 category. I recently defended my PhD and I have applied for an OPT, it will be valid from  May 2012. Currently I am on F1 working as a research assistant. These days I am searching for postdoc opportunities.

I went through the GreenCardForPhd eBook, so I am very confident to apply for the green card. As I am still on F1 status, how about the possibility of making my case successful. Please advise me. Do you have heard of similar successful cases?

Answer:

It is possible to successfully apply for green card while you are on F1 status. However you should be aware that after the GC application, you may not be able to renew your F1 status (or obtain F1 visa) if needed in May of 2013. This does not cause a problem if by then you are able to apply for I-485 (either concurrently with I-140 or after I-140 approval). If you have a nationality from India or China then it may not be possible to apply for I-485 before May of 2013 due to priority dates.

You can see the contents of item 1 at the following page

http://www.greencardforphd.com/packet.html#I140

You can also find F1 related faq at

http://www.greencardpostdoc.info/tag/f1/

Q1:

Thanks a lot for the information. I am from Sri Lanka, and I prefer to apply I-140 first and I-485 second. Does it make any difference, I meant approval time if I apply for I-485 after I-140?

Answer:

You can see the current approval times on USCIS website. Concurrent filing may gain some time, probably not much.

Q2:
Is it possible to apply for I-485 just after approving I-140? Or do I have to wait for some time?

Answer:

Currently there is no wait for your Nationality. You can see the current priority dates in the visa bulletin

Q3:
Now I have F1, and will be on OPT starting mid May (still F1), and if
1. My I-140 get rejected does it influence my OPT?

Answer:

It won’t influence your I-140 but it may be harder to renew OPT or F1 visa after it expires.

2. If my I-140 gets approved, and I-485 get rejected what will happen to my OPT? If my OPT is influenced/ cancelled due to this rejection can I have my spouse’s dependent visa? (Either F2/ H4)

Answer:

You can go on to a H4 visa. F2 may not be possible because you should have non-immigrant intent, which is in contradiction with your 485 application.

3. If my I-140 is approved will I-485 be always be approved.
Answer:

From our experience I-485 is generally approved. It is rare that I-485 is rejected. If it is rejected it could be for reasons like status violation, fraud, misrepresentation etc.


Finally I would like to visit my country in fall for about one month vacation. Do I have to be in US after applying for I-140 of I-485?

Answer:

Along with I-485 application, you can apply and obtain advance parole which will allow you to travel abroad.

Thanks a lot. I really appreciate your advice.

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.

Self-petitioning while on F1 visa

Question:

I am a PhD candidate and will graduate sometime in Summer. I am planning to apply for NIW (self-petition) and I am wondering about the risks. In case my I-140 application is rejected can I renew my F-1 visa? can I apply for OPT? or should I wait till I graduate and then file I-140? Thanks.

Answer:

Applying for I-140 implies an intent to immigrate. Therefore you have the risk of not being able to renew your I-20/F1. You can apply while on OPT. But again you cannot extent your OPT or F1 if needed.

Please see http://www.greencardpostdoc.info/tag/f1/

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

Can a master student apply for a Green Card

Question:

I am  a graduate student in electrical engineering. I was going
over the blog related to green card and it was pretty much confusing
since i have 0 knowledge in this field. I have a gun shot question:

I have 2 IEEE international conference papers and 1 ordinary journal
paper and i have filed a U.S. Patent based on my master’s thesis. Now,

1) Can a master’s student apply for a green card on his own?
2) If so, what are the forms or other materials required to be filled
up in order to get an EAD (Work authorization) before getting green
card ?
3) How much time does it take to fill up every form and how much time
does it take to get an EAD approved?

I would really appreciate if you can please be kind enough to reply my
questions.

Answer:

1)

We assume you are on an F1 visa. Yes, anyone with credentials satisfying uscis criteria can self-petition in EB1A or EB2-niw. Some people have applied while on on an F1 it in the past.  But there are risks involved.
Filing I-140 (permanent residency petition) implies an intent to immigrate, you will not be able to renew your F1 visa. This is a problem if green card petition is rejected (either i-140 or i-485) or significantly delayed and in the meantime you still want to continue on an F1. So you should only apply if you are sure of i-140 approval and if you are sure that you do not need a F1 renewal before your 485 is approved.
2)

If you are concurrently filing i-140, and 485, you can also apply for i-131 (ead) at the same time. All the documents needed with these forms should be filed. I-140 is the green card petition and can be a involved process (collecting evidence, recommendation letters etc) and can take few weeks of focussed effort.
3)

3 mo according to uscis. But can be typically less.
Best of luck

Can I apply for GC as a student

Question:
I was just curious to know if I can apply for GC via selfpetition or do I have to go through the process of applying H1B Visa after completion.
I am a student in Univeristy of xxxx, doing my Ph.D in Biotech working on plant virus.
Would appreciate your response
Answer:
It is possible to apply for a green card while on an F1 visa. However, since filing I-140 implies an intent to immigrate, you will not be able to renew your F1 visa. This is a problem if green card petition is rejected (either i-140 or i-485) or significantly delayed and in the meantime you still want to continue on an F1. So you should only apply 1) if you are sure of  i-140 approval and 2) if you are sure that you do not need a F1 renewal before your 485 is approved. These issues do not exist if you are on a H1B visa.

Best of luck

F1 and green card application

Question:

I just discovered your website .

I am a PhD Candidate in English Education. My dissertation is almost done and I am waiting for the best time to graduate. Some people told me not to graduate or do OPT since I have to leave if I can’t find a job. I am facing a dilemma. Which way is better
1. maintain F1 status and do self petition on my own now ?
2. do self petition after graduating while I am doing OPT?

Answer:

It is possible to apply for a green card while on an F1 visa. However, there are risks involved.
Filing I-140 implies an intent to immigrate. Therefore you will not be able to renew your F1 visa. This is a problem if green card petition is rejected (either i-140 or i-485) or significantly delayed and in the meantime you still want to continue on an F1. So you should only apply if you are sure of i-140 approval and if you are sure that you do not need a F1 renewal before your 485 is approved.

In general it is a safer option to apply while on  H1B.
You can see the free e-book on our website and the USCIS NIW requirements.
Best of luck

Starting a company on F1

Question:
I am a PhD student at Arizona State University and I am looking to start a company on my own. Currently I am under F1 visa category, will I be able to raise my own company under this visa or do I need to get sponsored for H1B visa or green card.

Answer:

We are not lawyers and do not provide legal advice. So the opinion stated below should not be considered as such.

USCIS does not restrict starting a company on F1 or H1b or GC. However if you are a student, your opt or cpt  should be authorized appropriately so that you can work for the company you own. Appropriate work authorization is tricky in this situation.

Starting a company on H1b is also tricky. H1b is usually tied to one employer. If you already have a H1b, you can start and own a company but cannot work for it with the same H1b. You will need a second H1b to work for your company. Alternatively, you can own part of the company and the other partner (who has a GC or is a citizen) who works for the company can hire you by sponsoring a H1b.

Best of luck
Green card for phd team.