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Green Card While On Opt

Discussion in 'OPT changes' started by gowda9891, Sep 25, 2015.

  1. gowda9891

    gowda9891 New Member

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    Hi Ron,

    My 12 month OPT will expire in April 2016. There are rumors that STEM extension might get cancelled. My employer is ready to apply for Green Card now and H1-B next year. What happens if the Green card application (PERM / I-140) is still under processing and I did not get selected in H1-B lottery next year and my OPT expires, considering STEM extension gets cancelled? Can I stay here and still work? If not, what should I do in such a case?
     
  2. DonDraper

    DonDraper Guru

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    Unless your i-485 gets approved or you are able to file your i-485 , your status will remain in limbo if you dont file a h1b
     
  3. gowda9891

    gowda9891 New Member

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    Thanks for your reply. So, if I file I-485 by my OPT end date and if I did not get selected in H1-B lottery then I can stay here but cannot work until i get H1-B?

    And, do you advice to start green card processing now or after I get H1-B?
     
  4. DonDraper

    DonDraper Guru

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    Filing a i-485 allows you to stay here and you can work once you get EAD based on i-485.
     
  5. gowda9891

    gowda9891 New Member

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    Thanks for the information again. Will I be able to travel outside the US if my i-485 is still pending after my OPT expires?

    On an average, how long does it take to get the green card after i-140 is approved. I'm from India.
     
  6. DonDraper

    DonDraper Guru

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    You will be able to travel once you get EAD/AP in hand. The only favor on filing i-485 is you will allowed to stay in the country. No one can predict how long it takes. It depends on which category your are filing (EB2 or EB3 or EB1). On average it take about 5-10 years from 140 filing before you can get to file i-485
     

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