F-1 Student Directly Filing for a Green Card
Question details
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.
FAQ Transcript
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.
We consulted with Mr. Rajiv Khanna on our possibilities of getting a GC through EB1. He was the first lawyer we talked to who was very honest with us and even suggested waiting for the new immigration law to be passed to make our case easier. In addtiton this was our our first phone call consultation with him and he didn't charge us for it which was amazing because my own lawyer who is doing my EB2 case charges us for an hour even for a 5 minute phone-call for any clarification. He was a refreshing change from all the lawyerswe talked to. Mr. Khanna was really interested when he talked to us and gave us honest advice which I appreciated immensely. I regret that he was recommended to us after I had already processed by EB2 application with another lawyer. I would highly recommend him to all immigrants who are looking to file for their GC. I have talked to many other lawyers in the DC metro area and by far he was the best lawyer I have talked to!