Changing F1 visa to green card

[Threestep]

Originally Posted by pluto1

Most of the time, following are the regular steps you take before reaching green card from F1:

1. F1 (Student Visa)
2. OPT (Student on training. one year after graduation)
3. H1B (Work Visa, an employer sponsors this visa for you)
4. Green Card (Same employer sponsors this and may take few years)

Of course, green card can be achieved via other categories like family sponsorship etc.

But he has to be outside the US for H1B application process.

[violent cello]

Originally Posted by Threestep

But he has to be outside the US for H1B application process.

Why? I wasn't. I was working on my OPT, then my employer said they'd sponsor me for my H1-B, but I got married and went the family route instead. Why would you have to leave the country if you already have a job here? You'd lose the job. If you live outside the US or are just visiting for a job application, then you have to go back to your home country for the H1-B application. But otherwise you stay here. The move from F-1 to OPT to H-1B to GC is really just a set of change of statuses.

[violent cello]

Originally Posted by ming Ave

Actually I just got to the states for school and I'll be here for 5 years as international student with F1 visa

But I was just wondering if I get a job in 3 or 4 years do I have to leave the country to fix the papers? I will still be in school at that time!

and what is OPT?

If you're in school, you can't get a job unless you have specific permission from the Department of Homeland Security (which comes as on campus work or OPT). Otherwise it's immigration fraud.

[Threestep]

Originally Posted by violent cello

Why? I wasn't. I was working on my OPT, then my employer said they'd sponsor me for my H1-B, but I got married and went the family route instead. Why would you have to leave the country if you already have a job here? You'd lose the job. If you live outside the US or are just visiting for a job application, then you have to go back to your home country for the H1-B application. But otherwise you stay here. The move from F-1 to OPT to H-1B to GC is really just a set of change of statuses.

Can you give me a link showing change of status OPT to H1B? Thank you. What makes you call H1B to GC a change of status?

[sponger42]

Originally Posted by Threestep

Can you give me a link showing change of status OPT to H1B? Thank you. What makes you call H1B to GC a change of status?

Of course you can change from an OPT to a H1B without leaving the country. That's the purpose of the OPT, really; to search for a US employer to sponsor you. It'd be asinine for the US to allow you to work for a year a a company, then force you to go back to your home country for 6 months or however long to get a H1-B.

In fact, you can stay in the country past the expiration of your OPT/F1 visa if your petition for an H1B is accepted. Since your OPT likely expires in May (1 year after graduation) but H1B's are not issued until October, there is a 5 month gap in visa status. However, you are allowed to remain in the US (and work for your H-visa sponsor, I think--maybe) during this time. It's called "Filling the Cap Gap" see the second paragraph at this link:

USCIS - Questions and Answers: Extension of Post Completion Practical Training and F-1 Status for Eligible Students under the Cap Gap Regulations

H1B is a working visa and requires you be employed with the company that sponsors you for the H-visa. A Green Card is a switch to permanent resident status. Thus a change of status.

If you loose your job while on a H1-B, you must leave the country immediately. As in the next day. If you loose your job as a Permanent Resident, (Green Card Holder) no problem. In fact you don't need a job at all to stay if you hold a GC. You can also switch jobs at will on a GC. No need to check with the government or file any paperwork (besides your taxes).

[Threestep]

Thank you Sponger!

[tom8130]

My relative is currently in US with student visa (F1) for 4 years which is expiring soon. Could he renew his F1 in US? and what is the procedure, please? He does not want to go back to his country to apply it.

[violent cello]

Originally Posted by tom8130

My relative is currently in US with student visa (F1) for 4 years which is expiring soon. Could he renew his F1 in US? and what is the procedure, please? He does not want to go back to his country to apply it.

As I understand it you can renew your F-1 visa in a consulate or embassy in the US without having to go home.

However, to renew your F-1 you have to still be enrolled in your university program or still on your OPT. Your I-20 needs to be current. If you're not in your academic program anymore, you can't renew your F-1, unless you've been accepted into another academic program in the U.S.