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Old 11-04-2009, 09:42 AM
 
Location: CA
37 posts, read 156,610 times
Reputation: 30

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I have F1 visa (student visa)
if I find a job and they decided to sponsor me do I need to go out of the state to get the green card
I mean do I need to go back 2 my country and work with the embassy and wait until I get the green card? Or I can do it here in the state (i'm still student)

And do u think it's better to have an attorny for that or it's just a waste of money?


Thanx,
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Old 11-04-2009, 02:41 PM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 63,125,847 times
Reputation: 26597
Go to the first "sticky" at the top of this forum page.

Too bad that you have an F1 visa and you don't know what it means but that's your bad. You should have known from the get-go what your F1 visa meant and what it entailed. Sorry not to be of more help but the link should help you sort it out.

Last edited by STT Resident; 11-04-2009 at 03:53 PM..
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Old 11-04-2009, 11:19 PM
 
Location: Bike to Surf!
3,080 posts, read 10,324,957 times
Reputation: 3003
If you didn't get the OPT option on your student visa, then you will probably have to go back to your home country to wait for the H1-B visa. Check the details at USCIS Home Page
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Old 11-07-2009, 09:59 AM
 
26,863 posts, read 42,056,126 times
Reputation: 15119
Quote:
Originally Posted by ming Ave View Post
I have F1 visa (student visa)
if I find a job and they decided to sponsor me do I need to go out of the state to get the green card
I mean do I need to go back 2 my country and work with the embassy and wait until I get the green card? Or I can do it here in the state (i'm still student)

And do u think it's better to have an attorny for that or it's just a waste of money?


Thanx,
I don't think you can switch from F1 so easy to a GC, but have to get a H1B visa first...you better hire a lawyer...
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Old 11-08-2009, 01:19 PM
 
443 posts, read 1,128,715 times
Reputation: 386
Quote:
Originally Posted by ming Ave View Post
I have F1 visa (student visa)
if I find a job and they decided to sponsor me do I need to go out of the state to get the green card
I mean do I need to go back 2 my country and work with the embassy and wait until I get the green card? Or I can do it here in the state (i'm still student)

And do u think it's better to have an attorny for that or it's just a waste of money?


Thanx,
You can't just go and get a job while in F-1 status, that's not exactly legal. If you've managed to do something sneaky and get a job under the wire, you can look forward to a USCIS-sponsored deportation party soon. If you have done something like this, you need an immigration lawyer RIGHT NOW.

If you've applied for OPT and you got a job offer, and then you apply for H-1B, and then you get on the path to a GC, then no, you don't have to leave the country to do any of that. If you have a job in the US it wouldn't make sense to just take an extended leave of absence. In cases like this you can get an immigration lawyer but a lot of people don't. If there's anything weird in your history - barred entry for a time, criminal conviction, being out of status in the past - hire a lawyer. You don't mention OPT or anything here though, so it's really hard to help you. Be clearer.
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Old 11-09-2009, 10:13 AM
 
Location: CA
37 posts, read 156,610 times
Reputation: 30
Quote:
Originally Posted by violent cello View Post
You can't just go and get a job while in F-1 status, that's not exactly legal. If you've managed to do something sneaky and get a job under the wire, you can look forward to a USCIS-sponsored deportation party soon. If you have done something like this, you need an immigration lawyer RIGHT NOW.

If you've applied for OPT and you got a job offer, and then you apply for H-1B, and then you get on the path to a GC, then no, you don't have to leave the country to do any of that. If you have a job in the US it wouldn't make sense to just take an extended leave of absence. In cases like this you can get an immigration lawyer but a lot of people don't. If there's anything weird in your history - barred entry for a time, criminal conviction, being out of status in the past - hire a lawyer. You don't mention OPT or anything here though, so it's really hard to help you. Be clearer.

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?
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Old 11-09-2009, 10:57 AM
 
16,937 posts, read 2,181,643 times
Reputation: 27950
Quote:
Originally Posted by ming Ave View Post
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?
Getting a job or not is not the issue. a) F1 you can only if at all work limited hours on campus. b) H1B has to be sponsored by an employer, criterias such as job cannot be filled by someone legally able to work in the US, degree, ... apply. Do you think in three years you will fill such a position, have the required academic education AND finish the school you came to the US for? c) I have never heard of a transfer F1 to H1B; H1B employee has to be outside the US, be approved during April and start work in October.
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Old 11-09-2009, 11:52 AM
 
26,863 posts, read 42,056,126 times
Reputation: 15119
Quote:
Originally Posted by ming Ave View Post
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?
You have to make sure you get approved to work, even on campus. If you don't get the offical approval you could later on be denied for having worked without approval...be careful with that.

With approval you can also get an internship
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Old 11-09-2009, 12:21 PM
 
Location: Bike to Surf!
3,080 posts, read 10,324,957 times
Reputation: 3003
Quote:
Originally Posted by ming Ave View Post
and what is OPT?
A on-the-job training option, which allows you to work at a US company for 1 year following your graduation and the expiration of your F1 visa. You can convert from an OPT to a H1-b without leaving the country if your employer offers you a permanent position and is willing to go through the H1-b process.

You may or may not automatically have this option. Check your documentation and see. It is a very useful thing for anyone wanting to live and work in the US after graduation. I don't know if you can apply for it now.

You are more likely to be able to get an H1 working visa if you stay in school and get a Master's Degree. In boom years, the H1-b visas for B.S. graduates are all taken up on the first day and you will need to be lucky to get one. H-visas for MS degree workers are unlimited.

Good Luck.
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Old 11-09-2009, 01:55 PM
 
52 posts, read 129,845 times
Reputation: 44
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.
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