I just started working and my employer sponsors both h1b and greencard righ now. I submitted all docs for h1b last week and they now want me to start greencard process(perm). My concern is starting greencard before stem extension. I heard my f1 visa status will be terminated once I start greencard process but I still need to extend my stem opt. Did anyone have done it before? please help #perm #opt
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I heard people got rejected for stem opt, because immigration intention.
F1 is non immigration status which means you don’t have intent at this point to stay in the US. H1 is an immigrant intent visa, which means you want to work for the employer but you also have intent to stay in the US. So stating perm application while you are on F1 is not a good idea but then i am not a lawyer and it’s just my opinion.
If you're non-Indian/Chinese: No your F1 doesn't get terminated. On first year OPT, you might not have enough time to get the EAD (together with Advanced Parole, usually months before getting the actual green card) before your OPT expires. Rule of thumb is, make sure you have enough time on your F1 to receive I-765 and I-131 before filing I-140. My advice is wait until you have the the STEM OPT. That's valid for two years, and you are mostly guaranteed to obtain the pre Green card EAD (and sometimes even the green card itself).
It's usually better to start GC process on H1, in case you don't get H1 in first attempt, you won't be stuck unable to travel internationally until you get H1. Otherwise if the company lawyers say it is okay, then it's okay to go ahead and file.