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.
Discussion Topics, Thursday, 26 January 2017:
FAQ: Traveling after applying for naturalization/citizenship pending; "Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn; Serial H-1 transfers with multiple employers - H-1 transfers while another H-1 pending; What types of marriages in foreign countries are considered legal in the USA; Can an I-485 be filed without the help of an employer; FAQ: Impact on H-1 and green card of employer company's bankruptcy; FAQ: Impact of child turning 21 - green card, H-4, F-1; Delay in naturalization; Travel During H-1B Transfer/Extension Pending; Starting a nonprofit organization while on H-1 visa; H-1B expiring, PERM not filed, options; Trump and employment based immigration.
Other: Quota exemption from H-1 because of prior approval; Changing roles impact on PERM green card; Impact on green card of changing jobs; I-131/N-470 for children; etc.