QUESTION
Would there be any complication if my potential new employer through which I have an offer is ready to do my green card right away while I am on OPT?
Asked on Jul 21st, 2016 on Immigration - Michigan
More details to this question:
I have a masters degree in electrical engineering and one year of full time engineering experience and 10 months of internship experience in USA. I am on OPT stem extension which will expire on October 17th 2017. Then I can apply for another 17 months of OPT Stem extension based on the new rule. -Could there be any issue that my experience is not so lengthy? -How long does it take for Pakistanis to get the employer based green card? Is the wait time right now same for EB2 and EB3? -Would there be a need to do my H1 next year if Green card processing is taking longer?
1 ANSWER
Whether you have sufficient experience will depend upon the job offer and visa classification sought by the employer. You may not be able to qualify for a STEM extension of you are the beneficiary of a pending Form I-140. As a nonimmigrant student, you must have nonimmigrant intent. Being the beneficiary of a pending immigrant visa is evidence of immigrant intent.
The wait time is different for EB2 and EB3. Right now, EB2 is current which means you could file the Form I-485 concurrently with the Form I-140. On the other hand, EB3 is backlogged by about four months. Keep in Ming visa availability fluctuates each month. You can find the current visa bulletin at https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html. You may need to seek H-1B in the future.
You can read more about employment immigration at http://myattorneyusa.com/employment-immigration.
Answered on Jul 21st, 2016 at 2:50 PM