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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?

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?

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Attorney answers 4


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; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


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

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


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.

Robert Brown LLC
4767 New Broad Street
Orlando, Florida 32814