I am an F-1 student halfway through my OPT. I am eligible for the STEM OPT extension after that (24 months according to the new rules). My company wants to hire me on permanently.
I have some questions on the compatibility of F-1 temporary status with permanent employment status (contract of indefinite duration, benefits while preparing for H1B or GC petition next year) and petitioning for green card directly and skipping H1B (temporary non-immigrant status switching to immigrant).
There is no such thing as permanent employment status in the United States. Most employees are at-will employees, which means that either party can terminate the employment relationship at any time for (almost) any reason or no reason at all. Some folks are covered by an employment contract or a collective bargaining agreement. Neither of these situations mean that they are permanent employees, only that they may have some protection from being terminated (fired). Just because you may be offered a job with no end date does not mean that you would be covered by an employment contract.
To answer your question...yes the company can do PERM/I-140 and you can adjust once a priority date becomes current. However, if PERM/I-140 is denied it will be difficult for you to return to any sort of nonimmigrant status. Your company really should retain an immigration attorney for the PERM/I-140 process. You, separately, can consult with a different immigration attorney regarding your options. good luck.
Please note that this answer is solely for general information purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. Please discuss your individual situation with an attorney.
Sure. You ask several questions actually. First you ask whether an EB category requires H1B filing as a prerequisite. Then you ask whether such filing could jeopardise your F status or visa, it could.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
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