QUESTION
Is it possible to apply from current status of F1-OPT to EB2 (Schedule A) to obtain greencard?
Asked on Sep 09th, 2013 on Immigration - Michigan
More details to this question:
I am currently on F1 visa OPT and have an employer willing to sponsor me for EB2. I am a nurse practitioner with US master's degree and qualify for schedule A and therefore does not need PERM certification. My questions are: 1. Can I apply for EB2 while I am currently on OPT F1 Visa? OPT started on September 2013. If Yes, please see question #2. If No, please suggest an alternative way to obtain green card. 2. My fiancee is on F1 too. What do you recommend? Should we get married before adjustment status and apply together for EB2? Would this process be longer compared to us filing separately for employment visas? Do we have to go through interviews?
5 ANSWERS
Rebecca T White
It is not an ideal situation, but it may work with relatively close timing. Other than obtaining a non-immigrant employment based visa to cover any gap between the OPT time and filing of an I-140 and hopefully I-485 if priority dates are current, there isn't a real alternative to your situation. If everything moves quickly there may be a chance to make this happen in time. If you are married before a green card is issued, both spouses can obtain the green card based upon one PERM approval. Interviews are fairly common but not an intensive part of the process. If I can be of further assistance please let me know.
Answered on Sep 12th, 2013 at 10:06 PM
You need to meet with an attorney, rather than posing these questions on free forum. The bottom line: you can file for EB2 but you need to maintain legal status by the time the decision is made. If your fiance will be filing for green card with you, he has to be in legal status as well.
Answered on Sep 12th, 2013 at 5:06 PM
Intellectual Property Attorney serving Menlo Park, CA
at
Sheppard Mullin
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your employer can file I-140, and if your priority date is current, even I-485 to adjust status, while you are on OPT. ?If you want to include your fiancee you must marry her before you submit her I-485. Please note though even if you has a master's degree in nursing, you may or may be eligible for EB2 depending on the standard requirement in your job. Please consult an immigration lawyer for details.
Answered on Sep 12th, 2013 at 5:06 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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1) Yes but I would recommend filing your adjustment as well if you are from a country where you can do that because of the conflicting intent problem. 2) For your fiance to benefit through your application you just need to be married before your adjustment is approved. We would need to be retained to analyze the best strategy for both of you depending on the benefits being obtained through F-1 or F-1 OPT, timing to get the work card through I-485 if you are even eligible to concurrently file both stages.
Answered on Sep 12th, 2013 at 5:06 PM
Consult with an attorney to review all the facts and your options. There are at least several issues to consider. Depending on your country of origin, you may need to first apply for a H-1B so you can adjust status in the US.
Answered on Sep 12th, 2013 at 5:02 PM