Monday, December 12, 2011

How to maintain status if your opt is expiring soon and application for green card pending?

hi, i am currently working for a company with a OPT which will expire in July of 08. The company has already started the green card process but they say that it might take a year or two before i actually get my hands on the green card. So how do i maintain my status until then? Can OPT be extended? What other choices do i have?


plz help. any suggestion would greatly be appreciated! thanks.|||The maximum period of OPT is 12 months and cannot be extended beyond that period. If you cannot find another nonimmigrant classification to change to, or if you cannot return to school full-time in order to maintain your F-1 status, then there will be no way to maintain a nonimmigrant status.





You will have 60 following the end of your OPT authorization to depart the U.S. After that time period, if you are not maintaining some nonimmigrant status, you will be unlawfully present. That might be a good time to return to your home country for a family visit.





Most employment based immigrant visas are current or do not have long waiting periods. You probably deserve a nice vacation after all that time in school and a year of work. If your immigrant visa is not ready, and you cannot adjust status, your best bet would be to avoid the accumulation of unlawful presence at any cost.|||OPT cannot be extended, but your US Employer can petition and file H1B visa for you which is Temporary Workers Visa. If approved you can get 3 year visa and can be extended another 3 years. In the mean time, if your employer files green card petition, which is muli step, complicated, time consuming process, you can get extension of H1B while your green card case is pending. Better have your employer to start H1B process very soon, since last year's H1B application was maxed out on the 2nd day of filing, which was April 2nd. And USCIS refused accepting any application after that day and went to random lottery method to process the applications. Good luck!

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