EB2 application during OPT

New / Eng
UGAg5

New Eng

UGAg5
Oct 20, 2019 14 Comments

As far as I read around here Amazon and Microsoft start the green card process without H1B.

If the EB2 application takes around 1.5 - 2 years and because of the green card application you cant get stem extension, what happens after your 1 year OPT ends?

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TOP 14 Comments
  • Apply for EB2 after OPT extension. You will receive EAD and Advanced Parole within 3 months of applying.
    Oct 20, 2019 8
    • Amazon
      real_bezos

      Go to company page Amazon

      real_bezos
      Yes, STEM OPT can be granted. But it can’t be extended like you can extend H-1B visa. So after F-1 STEM OPT extension expires, you’d still have to leave the country even if you have approved I-140 and no H-1B.
      Oct 23, 2019
    • New / Eng
      kupkake

      New Eng

      kupkake
      Right, STEM opt is for 2 years only.
      Oct 23, 2019
  • New / Eng
    UGAg5

    New Eng

    UGAg5
    OP
    If thats the case, is it common or even possible to get the stem extension before the 12 months mark? Like applying to get stem extension right from the start and then getting green card process running?
    Oct 20, 2019 3
    • PayPal
      CdCc58

      Go to company page PayPal

      CdCc58
      I think if he has a pending i-485 and has applied for a new EAD then he won’t have to leave the country even if his STEM OPT expires, if I am not mistaken. Though not completely sure but I assume he can still remain in the country but just can’t work if his STEM OPT EAD expires and still has not received the new EAD. I also heard that one can switch to H1 while his/her GC application is still happening, i.e., one can apply for the lottery again and can switch the visa on GC application from F1 to H1 and continue the GC process on H1.
      Oct 21, 2019
    • Amazon
      real_bezos

      Go to company page Amazon

      real_bezos
      This is noobs talk. For your EAD to extend you need to be on valid visa. Even dependents need to be on H-4 visa, get EAD and extend it. STEM OPT extension is not visa. It’s an authorization to work. With approved I-140 you can only extend your visa if it is dual intent. Like H-1B, H-4, L-1 visa. F-1 is single intent visa. So even if you have approved I-140 but your STEM OPT expires, and you didn’t get H-1 visa, you have no valid visa to stay. So if you do stay, you’d become illegal.

      More importantly, if you have approved I-140 on F-1 STEM OPT, then you can say bye to your F-1 visa in future as you’d get denied because F-1 is single intent non-immigrant visa.

      PS: F-1 Student on OPT that spoke with lawyers about pros and cons of having approved I-140.

      On a side note, if OP is not Indian, then OP’s PD may become current and then OP could stay. But basically if OP is Indian, then OP could say bye to his F-1 in future.
      Oct 21, 2019
  • Citrix Systems / Eng
    ಅವನೌನ ಹಡಾ

    Go to company page Citrix Systems Eng

    ಅವನೌನ ಹಡಾ
    That’s the reason apply for green card after year 1 of your Opt when you apply for opt extension
    Oct 20, 2019 0