I have expired F-1 and am on OPT and expires july 14 (STEM extension) Am i eligible for EB-2 or will i fall out of status?

Asked over 1 year ago - Orlando, FL

I am wondering if i can apply for EB2 and not fall out of status given that the H1B cap filled too fast. I am intl student from VZLA on OPT for my masters. Any other option if the EB-2 is not viable? Can I get opt if i get a BS? or does it have to move forward like a PhD?

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . Find an immigration attorney you would feel confortable with and have a consultation. What you are asking for is not general information, but a detailed and specific consultation.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . Whether an EB-2 can be filed depends on what the normal requirements for the job being offered are.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with my colleagues.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more
  4. Robert Louis Brown

    Pro

    Contributor Level 20

    Answered . There probably is not enough time to file an EB-2 using labor certification (PERM) to have an adjustment of status application filed by July. There may be enough time using a national interest waiver application if you are qualified. Also the priority date must be current.

    You are supposed to be advancing your academic credentials but you speak with your DSO (FSA) to determine if you have F and opt possibilities.

    321.208.7324
    immigration@rbrownllc.com
    www.brownimmigrationFL.com
    Robert Brown LLC
    4767 New Broad Street
    Orlando, Florida 32814

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