Eb3 green card Facebook / Google without H1B

SAP / Data
opteed

SAP Data

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Teradata, Cisco
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Mar 11 8 Comments

**Not from INDIA/CHINA**

Currently on an opt with stem remaining. got an offer from both google and Facebook. How's my immigration future looking ? I want to get the green card directly without the H1-B uncertainty . My priority date is current. Is this possible by the companies ? If let's say I don't get H1B at all coz of the lottery system. Do I still get my green card ?

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TOP 8 Comments
  • Yahoo Genius
    How come you have a priority date without any application filed for you?
    Mar 11 4
    • SAP / Data
      opteed

      SAP Data

      PRE
      Teradata, Cisco
      opteedmore
      OP
      If application was filed for me, I would have a current priority date. My priority date for my country was current for decades
      Mar 11
    • Yahoo Genius
      As F1 student I don't think they would. F1 has non immigrant intent!
      Mar 11
    • I got greencard from f1 directly. It is possible as long as u dont go outside US while waiting for it
      Mar 13
    • Yahoo Genius
      Oh I see. That's even better. My previous company told me it's not possible and have to wait for h1b first
      Mar 13
  • Amazon tjpb67
    Talk to a lawyer. I would go this route. It has some downsides but in my opinion much better than the h1b route.

    The biggest downside is you will either have to get it all done while still in the US or have a gap in your employment or wait outside the US.

    You won't be able to leave the US and re-enter on OPT visa while this application is progressing. If OPT expires first you may have to leave and wait outside the US for it to complete.

    Really though, so what? In a year you have greencard and certainty. You might have a couple non working months but in the big scheme of things that's nothing.
    Mar 11 0
  • Amazon meowboy
    Like @blimp mentioned above, definitely doable (know of people who did it directly from stem opt to gc) but you'd be showing immigration intent so international travel once you file i140/i485 will be problematic and so might filing for stem opt.
    Mar 11 0
  • LinkedIn Blimp!
    Talk to an attorney. My understanding is that F1 Opt is non-immigrant visa. By applying for EB visa you are showing immigration intent.

    While this may not be a consequence on EB application, it maybe a problem on international travel on F1 (until you get greencard) and *maybe* a problem on opt extensions.

    Anyways, don’t go by my answer or other blind answers.. talk to an attorney, preferably an independent one, that a non company attorney
    Mar 11 0