I am currently working as a research fellow on F-1 OPT and my employer is considering filing for EB-1. My question is, can the transition be done from F-1 OPT to EB-1 and in case my application does not go through can I come back to renew my F-1 status to continue a Ph.D. in the future?
There is nothing in law that stops an F-1 student from directly filing for a green card. But, exhibiting immigrant intent while on an F-1 visa can raise some issues that should be discussed and planned for with your lawyers.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
To: All SEVIS Users
Date: February 7, 2011
Re: Consideration of Former F-1 Students from Tri-Valley University for Enrollment
Number: 1101-02
On January 18, 2011, the Student and Exchange Visitor Program (SEVP) either cancelled or terminated all initial, active and transfer-in student records associated with Tri-Valley University (TVU) in Pleasanton, California.
Students enrolled at TVU and those who entered the United States but have not enrolled at TVU are unable to maintain F-1 status.
Attention Former Tri-Valley University Students
If you were formerly enrolled as an F-1 student at TVU and have been terminated in SEVIS, please note the following.
SEVP terminated the records of all F-1 students enrolled at TVU as of January 18, 2011. You should call SEVP Response Center (SRC) at 703-603-3400. This number will be staffed from 7:00 a.m. to 6:00 p.m. (EST), seven days a week. At other times you may leave a telephone number at which SEVP will return your call the next day.
He is very clear and insightful about the whole matter.Selfless and realistic way of approach which is rare...