Recording for December 05, 2024 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Nonimmigrant Visas
Topics Discussed:
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Green card process for STEM OPT candidates: Timing for concurrent H-1B and GC filing, employer strategies, and impact of client/location changes
Question details
I am in my first year of STEM OPT. My employer verbally committed to filing a cap-exempt H1B in 2026 so that I can get the H1B right about the time my STEM OPT expires.
If my boss is willing, can he:
Start my GC filing in 2025 before filing h1b in 2026 to save some time for my GC process. Or should I wait to get h1b first till 2026 and then start GC after that? Or file for GC concurrently with H-1B in 2026?
FAQ Transcript
You can start the green card process before filing for H-1B, as they are separate. It's advisable to start the green card as early as possible rather than wait. For green card filing involving different locations, you can file either as a transferable job through the company headquarters or for a future job at the intended location. Always consult a lawyer for advice.
Recording for December 19, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
Topics Discussed:
PD Can Be Carried Forward Even If Old I-140 Is Revoked (Unless Fraud or Misrepresentation) 5 November 2015
This entry is now old law. The new law is at http://www.immigration.com/blogs/i-140-ead-regulations-effective-17-jan…
5 November 2015: After some flip flops, USCIS has gone back to allowing carry forward of priority dates even if I-140 is revoked by employer - as described in this discussion. So, we are good for now.