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There are many misinformation and confusion here. First of all, visa is something you use to enter a foreign country while status is what you are once you are in the foreign country. For example, you enter USA under F1 visa then your status is F1 in USA. Your F1 visa may or may not stay valid depending on the original assurance and what the USCIS agent at the customs decides. Once you are in USA, you are on status, not visa anymore. You can adjust your status from one to another without leaving USA in most cases.
1. You cannot change your F1 visa to Green Card (status), period. There's no such path. It's like asking "can I change my orange to apple?"
2. There are many ways that you can convert F1 status to Green Card status. It can be long or short, expensive or cheap depending on the route you take or what you think is "long".
a. Getting married to a citizen is the shortest and cheapest. 6-12 months
b. Investing 1 million dollars is another quick one. 2-3 years
c. Getting married to a green card holder. 5 years
d. From student to employment, most common route, but expect 10 years if not longer
e. Getting extremely rich, famous (not infamous) or distinguished in science/art/engineering etc. This depends on your talent. If you can crack 2048 bit encryption code by a mere glance, you can win Olympic gold medal or you know how to do cold fusion, you get your GC super fast.
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Last edited by Rance; 06-05-2010 at 08:06 PM..
Reason: No need for such comments in this forum.
Please help me!
I am Monk (a religious) on OPT and a religious non-profit organization has offered me a job. Can I apply for a EB-4 green card? My OPT authorization ends on July 8, 2011.
Thanks in advance!
Presently i'm in US on F-1 status , my 1st year in Master degree , last month my parents had got call for green card interview after 10 yrs thr my dad brother , and i'm also eligible for the green , do i have to go to my home country for obtaining Grren card or it can be done from US also pls advice in the matter
Thanx
I'm in US since Jan 2009 on F1 student visa and currently on OPT which ends in July 2012. I'm planning to love) marry my US Citizen gf in May 2012. I'm planning to file my change of status application in May 2012. Will I be able to work between the period of July 2012 (When my F1 EAD expires) till I get my Green Crad EAD? Wll I be considered out of status?
Please help me!
I am Monk (a religious) on OPT and a religious non-profit organization has offered me a job. Can I apply for a EB-4 green card? My OPT authorization ends on July 8, 2011.
Thanks in advance!
Quote:
Originally Posted by Shaukat kadiwal
Presently i'm in US on F-1 status , my 1st year in Master degree , last month my parents had got call for green card interview after 10 yrs thr my dad brother , and i'm also eligible for the green , do i have to go to my home country for obtaining Grren card or it can be done from US also pls advice in the matter
Thanx
Quote:
Originally Posted by Hillmo
I'm in US since Jan 2009 on F1 student visa and currently on OPT which ends in July 2012. I'm planning to love) marry my US Citizen gf in May 2012. I'm planning to file my change of status application in May 2012. Will I be able to work between the period of July 2012 (When my F1 EAD expires) till I get my Green Crad EAD? Wll I be considered out of status?
You should find everything you need to know right here:
I'm in US since Jan 2009 on F1 student visa and currently on OPT which ends in July 2012. I'm planning to love) marry my US Citizen gf in May 2012. I'm planning to file my change of status application in May 2012. Will I be able to work between the period of July 2012 (When my F1 EAD expires) till I get my Green Crad EAD? Wll I be considered out of status?
The EAD is the little card you will need to be able to work before you get your green card. You would have to apply for it at the same time you apply for your green card. It takes about 3 months to get it. Until then, you can not work. You will not be considered "out-of-status" for the duration your application is pending.
Quote:
Originally Posted by Shaukat kadiwal
Presently i'm in US on F-1 status , my 1st year in Master degree , last month my parents had got call for green card interview after 10 yrs thr my dad brother , and i'm also eligible for the green , do i have to go to my home country for obtaining Grren card or it can be done from US also pls advice in the matter
Thanx
Only if you are under 21. Otherwise, you will not get the green card through your parents. Anybody who is already on a visa would have to go through a "Adjustment of Status". Anybody doing AOS can remain in the U.S.
Foreign students coming to USA on student visas and dreaming to land jobs and converting it to Green Card should think hundred times before taking this decision. Economy is in bad situation and very difficult for foreign students to get a job, H-1B visas and progress to Green Card. I am aware that many recruiters and universities are holding educational fairs in countries like India and presenting very rosy picture and selling dreams. Think again. Come to USA on student visa only if you are a genuine student, take a degree if it helps you in your employment prospects back in your home country and go back. International student in USA universities is a booming industry of 20 billion dollars profit to USA and you are just a number contributing, nothing else.
Getting a job or not is not the issue. a) F1 you can only if at all work limited hours on campus. b) H1B has to be sponsored by an employer, criterias such as job cannot be filled by someone legally able to work in the US, degree, ... apply. Do you think in three years you will fill such a position, have the required academic education AND finish the school you came to the US for? c) I have never heard of a transfer F1 to H1B; H1B employee has to be outside the US, be approved during April and start work in October.
There is a separate quota for folks on F-1 Visa to H1-B visa used to be 20,000 per year If H1-B is sponsored by an educational institution there is no quota
You have to make sure you get approved to work, even on campus. If you don't get the offical approval you could later on be denied for having worked without approval...be careful with that.
With approval you can also get an internship
You don't have to take permission from ICE to work on campus
Only permission is reqd off campus During regular semester you can work 20 hrs a week During holidays you can work 40 hrs a week or longer on campus
Of course you can change from an OPT to a H1B without leaving the country. That's the purpose of the OPT, really; to search for a US employer to sponsor you. It'd be asinine for the US to allow you to work for a year a a company, then force you to go back to your home country for 6 months or however long to get a H1-B.
In fact, you can stay in the country past the expiration of your OPT/F1 visa if your petition for an H1B is accepted. Since your OPT likely expires in May (1 year after graduation) but H1B's are not issued until October, there is a 5 month gap in visa status. However, you are allowed to remain in the US (and work for your H-visa sponsor, I think--maybe) during this time. It's called "Filling the Cap Gap" see the second paragraph at this link:
H1B is a working visa and requires you be employed with the company that sponsors you for the H-visa. A Green Card is a switch to permanent resident status. Thus a change of status.
If you loose your job while on a H1-B, you must leave the country immediately. As in the next day. If you loose your job as a Permanent Resident, (Green Card Holder) no problem. In fact you don't need a job at all to stay if you hold a GC. You can also switch jobs at will on a GC. No need to check with the government or file any paperwork (besides your taxes).
You are correct no need to leave country if you still in status with visa status In fact there is a separate quota for people who want to change from F1 to H1-B I think used to be 20,000 per year
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