Legal Question in Immigration Law in California

F1 to Employment GC

Hi! I am from India, have completed my Masters & am on OPT which expires in July 2009 (am not eligible for STEM extention). I got an offer very recently and the organization is ready to process my GC, with an understanding that I dont have to start working immediately, as in future job intent. Since I'm on F1 and H1 filing for this year is not possible - 1) can I extend my stay by enrolling into another study program and then immediately let the the organization file for my GC? 2) what will happen to my F1 status? 3) what restrictions do I have to bear in mind? Kindly provide some insights and guide me on way forward. Thank you!


Asked on 4/07/09, 1:35 pm

4 Answers from Attorneys
Joseph La Costa Joseph La Costa, Attorney at Law

Re: F1 to Employment GC

You really should consult an Immigration Attorney, because there are many ways to get residency, some of which you may already have. Please send me an email with your contact information and we can discuss your particular facts. We have offices both here and in Delhi.

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Answered on 4/07/09, 1:43 pm
Michael Cho Law Offices of Michael Cho

Re: F1 to Employment GC

The organization may begin processing for your green card by first beginning the PERM labor certification process.

However, keep in mind that there is a severe backlog in terms of visa numbers so you'll need a way to stay in status (if you remain in the US) for the next several years at least.

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Answered on 4/07/09, 1:56 pm
Ellaine Loreto Law Offices of Ellaine Loreto

Re: F1 to Employment GC

You might be able to get in another program and extend your F-1 status, while the compnay starts your green card application process.

However, please consult with an attorney since F-1 doesn't allow dual intent, which means you shouldn't have immigrant intent.

Please contact our office for further discussion or email me at [email protected].

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 4/07/09, 6:20 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: F1 to Employment GC

First, filing for H-1 might be possible if done quickly. We don't know that the cap has yet been reached - there is no word on this yet, perhaps tomorrow. Second, assuming you're correct, you can continue as an F-1 with proper enrollment and I-20 endorsement. I would not file immediately for the green card. Your intention as a student must be temporary and filing for labor certification is viewed as contrary to that intention.

I would be happy to provide the insight necessary to understand this slippery concept and to best assure that your behavior reflects the intention that is necessary to be successful with your immigration. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 4/07/09, 9:10 pm


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