Can I apply for Green Card while I am on F-1 OPT ? Will it affect my future L-1 ?

[rajbrajendran]

Current Status:-
I am currently on F-1 OPT visa. My OPT expires on Jan 2020. I didn't get H1-B in my last two attempts. Next year will be my last attempt before my OPT expires. Currently my company allows me to apply for GreenCard.

My Preference:-
If I end up not getting H1-B next year also, I would like to stay outside of US for some years and come back in L1 Visa(My company has officies in Canada).

Question:-
1) If I apply for Green card and I do not get H1-B next year also, I have to move out of the country. In that case, will it be a problem for me to get L1 Visa in future Since I will be having an on-going GreenCard process ?
2) Same scenario(On Going Green Card process), will it be a problem to get F-1(instead of L-1) in future, If I decide to go for studies(masters/phd).

Note: I am an Indian citizen, thus my Green-card process will take more than 15 years.

[Libra_14]

1) If I apply for Green card and I do not get H1-B next year also, I have to move out of the country. In that case, will it be a problem for me to get L1 Visa in future Since I will be having an on-going GreenCard process ?

First, Which category you thinking to apply for your green card? Not sure if OPT will allow you to file GC petition.

Any visa denial / petition rejection won't have any impact on future applications

2) Same scenario(On Going Green Card process), will it be a problem to get F-1(instead of L-1) in future, If I decide to go for studies(masters/phd).

No problem, as long as you satisfy the basic requirements of that visa.

But getting F1 (non-immigrant visa) after filing an GC (immigration petition) will be difficult.

Remember H1 & L1 are dual-intent visa (which allows you to file GC), but F1 is not.

[rajbrajendran]

First, Which category you thinking to apply for your green card? Not sure if OPT will allow you to file GC petition.

Any visa denial / petition rejection won't have any impact on future applications



No problem, as long as you satisfy the basic requirements of that visa.

But getting F1 (non-immigrant visa) after filing an GC (immigration petition) will be difficult.

Remember H1 & L1 are dual-intent visa (which allows you to file GC), but F1 is not.

Thanks, this clarifies my doubt

[krypton9591]

if you're applying for an employment based green card, why wouldn't your company also apply for your EAD/AP combo card so you could continue working? if they did that and it was approved you could both travel and work while the application is pending, and you wouldn't need an L1 visa.