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  • H1B/Greencard

    Hello, I am MS student currently working full time and applied for my h1b this year. My STEM OPT expires in November 2015 and it seems like my h1b is not picked up. What if my employer files for green card and my opt status expires then do I need to leave country or can I still stay and work in this country until my green card decision comes ?
    Do I have any other options ?
    My employer doesn't have any branch in India so let say if I go back in case can they still apply for my h1b for next year while I am in India ?

  • #2
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    • #3
      Originally posted by hary View Post
      Hello, I am MS student currently working full time and applied for my h1b this year. My STEM OPT expires in November 2015 and it seems like my h1b is not picked up. What if my employer files for green card and my opt status expires then do I need to leave country or can I still stay and work in this country until my green card decision comes ?
      Do I have any other options ?
      My employer doesn't have any branch in India so let say if I go back in case can they still apply for my h1b for next year while I am in India ?
      1. You cannot remain here while a green card application is pending unless an adjustment of status application is filed. You have not stated what country you are from so it’s not possible to tell if that will even be possible for you (If you’re from India or China, you’re going to have to leave the country).
      2. Even if your company doesn’t have a branch abroad, you can still work for them as a consultant living abroad if that is possible for the type of work you do.
      3. They can apply for you again next here in the H-1B cap, regardless of where you are.

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