F-1 Student Directly Filing for a Green Card

Submitted by Chief Editor on Mar 14th 2017

I am currently working as a research fellow on F-1 OPT and my employer is considering filing for EB-1. My question is, can the transition be done from F-1 OPT to EB-1 and in case my application does not go through can I come back to renew my F-1 status to continue a Ph.D. in the future?

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ANSWER:

There is nothing in law that stops an F-1 student from directly filing for a green card. But, exhibiting immigrant intent while on an F-1 visa can raise some issues that should be discussed and planned for with your lawyers.

Nonimmigrant Visas:

F-1 Visa

General Nonimmigrant Visa

Green Card:

EB1 Green Card

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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F-1 Student Directly Filing for a Green Card

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