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Applying for Green card while on STEM OPT

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  • Applying for Green card while on STEM OPT

    Hi desiopt,

    Thanks for all your help!

    I have a question about applying for green card. I'm on STEM OPT and my spouse's company has sponsored GC for both of us. So my doubt here is that can I apply for GC while on STEM OPT or does it mean violating F1 visa rules? and also should I contact my school's international affairs adviser or my spouse's company or attorney for questions on this ? Or anyone who has any idea about this could let me know whether I can apply or not.

  • #2
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    • #3
      Your message was posted as anonymous on Facebook wall- (July 26th)

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      • #4
        1. Applying for perm on opt is acceptable but not I-140. Also, in your case u might face issues at port of entry if u travel outside the country. counter questions may rise why gc on F-1.

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        • #5
          You can apply, no problem unless you leave the country.

          If you are on F1 and filed petition for GC, CBP will not allowe you back into USA.

          Also GC process takes 3 steps. By the time you complete your first step it may take approximately an year by which you are expected to have a H1b. If you don't have a valid H1b by that time your employee may need to restart the process. I'm not sure if he have to restart the process or you can extend or change the date.
          So if you decide not to leave USA atleast for the next year and half you can start your GC.

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          • #6
            Hmm generally they apply for u r spouse .. U will be added at time of final stage or 140 stage as dependent .. If u r wife is on h1 then it is not an issue .. Now a days they are terminating f1 visa if u apply for gc

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            • #7
              Hi ther , if your spouse company is apply for GC and you are in stem extension so in this scenario first they apply for your spouse and then you will added as a dependent in I-140 FYI you can be also added if you are filing I-485 too so technically if your are holding as F-1 status when you are been added to I-140 you may have risk of terminating your F-1 visa so and if you are on H-1 at the time of adding in to I-140 then no issue you will be all set.

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