If I came to the US 5 years ago on F-1 student visa, can I directly apply through my current job for permanent residency without going through the H1-B process?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I came to the US 5 years ago on F-1 student visa, can I directly apply through my current job for permanent residency without going through the H1-B process?

My visa expired this year. I am now working for an US employer on OPT status.

Asked on October 18, 2014 under Immigration Law, Illinois

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Technically, yes but the process will take a while and you will not have employment authorization or ability to remain in the US lawfully if you do not have an interim status such as H-1B for when your OPT expires and when your green card process is far enough along that you can remain in the US.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption