Can F1 Visa Apply For Green Card – The H1B lottery policy of the company is quite friendly, they offer H1B withdrawal from the first year of employment, but since it was already August 2019, it is only possible for me to participate in the H1B lottery in 2020 (FY 2021) At that time, I naively thought that I could win the H1b lottery with my master’s degree. Still, I did not expect that the H1B lottery will become an online application in 2020 – the application fee in previous years was $2000-$3000, and the application fee in 2020 is only $10. This is where the H1B abuse started.

Surprisingly, I lost the lottery this year 2022 (FY 2023). However, my OPT ends in August, and I am faced with the choice of transferring or studying for a 1 day CPT school. Whether it is to continue to register for the H1B lottery during the CPT period or to relocate and eventually return to the United States, the goal is to obtain a green card. So, I downloaded USCIS’s official data for fiscal years 2017-2022 and analyzed OPT. H1B and H1B to Green Card Approval Rates.

Can F1 Visa Apply For Green Card

Can F1 Visa Apply For Green Card

Fiscal Year (FY) – USCIS applies from October 1 of each year to September 30 of the following year (for example, October 1, 2021 – September 30, 2022, the fiscal year is 2022). FY for all data does not refer to the date USCIS received the application but the date USCIS made a final decision on each type of application. So even if USCIS receives your application in September 2021, your case data will still be classified in FY2022. The classification method for this data point of the fiscal year is shown on the data, due to which the number of receipts will be less than the number of approvals. This is normal.

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OPT allows international students to work as students in their academically related majors for up to 12 months (STEM majors can last up to 36 months). Therefore, F1 to OPT is a transitional phase from students to migrant workers. You can legally work for some employers, but your student status still limits you.

(OPT applications correspond to Form I765, where C03A = pre-completion OPT, C03B = post-completion OPT, C03C = 24-month extension for STEM students).

Since USCIS can sometimes make minor errors and time delays when recording data, look at the 5-year OPT overall approval rate and denial rate.

As long as the application materials are complete and still within the valid application period, OPT and OPT extensions may be approved. Students who apply for OPT and OPT extension just need to check the materials carefully, pay attention to the application timeline, and wait patiently. No need to worry. I think the more critical issue is finding a job before OPT takes effect and negotiating with the employer about the approximate entry time.

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According to the above statistics, the number of applicants for OPT has decreased from 2017 to 2021. So the question arises that the number of applicants for OPT is decreasing, so why are more people participating in the H1B lottery?

H1B, Special Occupation/Temporary Worker Visa, Work Visa. Transitioning from OPT to H1B is equivalent to obtaining long-term legal worker status in the United States. Currently, the student visa has been completely converted into a work visa. That is, he has completely separated from the school and is no longer confined as a student. Before the H1B lottery policy changed in 2020, the H1B was at an early stage. Difficulty in drawing lots from level 1 to level 10 after online application starts. (Please see data below).

The data for fiscal year 2022 is already ridiculously high. This year, the number of H1B registrations in fiscal year 2023 has reached a new high, reaching 500,000. There are 85,000 H1B places per year, 65,000 + 20,000 (master cap), and the first round will be drawn directly this year. 127, 600 last year (FY2022), the three rounds included only 131,970 draws. Based on H1B Ignoring Abuse:

Can F1 Visa Apply For Green Card

But the misuse of H1B cannot be ignored because more people have registered 20 while filing 10. In general, a person’s 1-sine/2-sine draw probability will be more negligible. Continue fishing in the pool of file 10, 2 files of 10 were created, and continue to mix in the pool of 8. As this development progresses, the lottery will only become more and more difficult. In the past, H1B was a bridge between OPT and Green Card. Now, H1B is moving far in the direction of branding and handling, although, as long as the H1B is created, the approval process is relatively easy.

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H1B overall pass rate; Completion with RFA: Proportion of RFA cases; Approval with RFA: After receiving the RFA, the final approval ratio goes through a series of processes. During the Trump administration, immigration policies were tightened, and the H1B approval rate was low (84.5%) reaching 97.5%, the drawing is equivalent to receiving it.

FY2023 is likely to continue the approval rate of FY 2021 and 2022. Therefore, minor partners in the FY2023 lottery, as long as the lawyers are reliable and the company is strong, basically lock the H1B in advance.

Just wait patiently: H1B should be a green card transfer station for most students. There is no perfect connection between H1B and Green Card. Whether you are F1 or H1B, you can apply for a green card, but most companies require an H1B before issuing a green card. Sponsor a green card to ensure that employees have legal identification to work before a green card is approved.

In general, there are two types of employment immigration to apply for, EB2/EB3 (EB1 is not considered in this article), and the entire application process consists of three steps:

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It takes half a year to start this step, and there is no way to rush it, at this stage you just have to wait.

The I140 application pass rate has stabilized at over 90% in recent years. PERM is valid for 180 days after approval, so Form I-140 must be submitted before PERM expires.

You can speed up I-140 processing time for employment-based petitions by filing Form I-907 and paying the $1,440 filing fee, which is only one part of the full green card process that can be expedited. The only step in the application process that you don’t have to wait for is: Once you receive your I-140 approval priority date, often called Green Card PD. However, as long as the priority date of the green card is scheduled, there will be no effect on the job acquisition because the new employer will go through PERM and I-140 again, and the PD will be maintained. Still, from PERM to I-140, getting a PD is not very expensive to switch jobs, and it can waste more than a year. But the current waiting time is uncertain. Green card schedule in June 2022 – approval date, EB2 remains on 3/1/2019, EB3 remains on 3/22/2018.

Can F1 Visa Apply For Green Card

According to this development, between receiving PD and submitting I485, there is a torturous wait of three to five years.

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You can submit Form I485 while you wait until PD. The I485 is the final step in the green card application process, and it is also the end point of the long march from the full F1 to the green card. After the I485 is approved, the green card is in hand. The green card pass rate/employer sponsor approval rate is very high. If you are denied, go to your lawyer immediately, and let the lawyer try to see if there are other remedies, but the I-485 is also a process that needs to wait, there is no fast way.

In the last step, the priority date for submitting the I-485 from receiving the green card, you must make sure that you are always working. At this time, you can only work hard and wait patiently.

Students who have recently graduated and are applying for OPT or applying for an OPT extension, remember to check the materials and submit them within the specified time. And don’t worry too much about rejection; Some schools will require students to submit materials to USCIS before submitting them to USCIS. When the school inspects, you must pay attention to the requirements of the application timeline and strictly adhere to the school’s timeline.

Currently, USCIS processes OPT documents very quickly. Official data shows that 80% of cases can be completed in about a month. In 2021, USCIS will also open online application channels for SOPT and STEM extensions. Compared to the mailing channel, there is no need to worry about lost items, and the entire application process is easy.

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An L-1 petition is the process by which U.S. Citizenship and Immigration Services (USCIS) determines whether there is a qualifying relationship between U.S. and foreign employees, and whether an individual is either an L-1A or L- Meets the requirements for a 1B visa.

To return to the US in the future, you cannot change jobs. Once you change jobs, you may not be able to

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