Tweet
Hey Guys - In the following I am describing my situation to get some advice.
Right now I am on L1-B visa and its tenure (5 years) is going to be completed in Jan 2015. My company filed EB3 residency this year and I have my I140 approved. My PD is Oct 2012 and I am on the 'rest of the world queue'. As you are aware that this year H1-B quota has been exhausted and I was unlucky to get my case selected in the balloting. My company will file H1-b again next year.
So I am planning for worst case situation. If i wouldn't get H1-B next year. I'll transfer my status to F1 in sept 2014. Right now I am doing my masters part time. In fall 2014, I'll be on F1 and start taking course full time. Off course, I'll have to leave the job for one academic year (9 months in my case). I'll be graduated in June 2015 and my plan is to get the OPT and join the same employer again. My employer is willing to re-hire me on same position. My question is if my employer doesn't withdraw the I140 (which is already approved) or doesn't hold my GC processing, can I still get the green card when my PD is current on the same process knowing I would be on F1 and working under OPT? off course, my employer can file H1-b again in 2015 but I am just being little pessimistic and planning for worst case scenario.
Any help will be highly appreciated.
Thanks
Right now I am on L1-B visa and its tenure (5 years) is going to be completed in Jan 2015. My company filed EB3 residency this year and I have my I140 approved. My PD is Oct 2012 and I am on the 'rest of the world queue'. As you are aware that this year H1-B quota has been exhausted and I was unlucky to get my case selected in the balloting. My company will file H1-b again next year.
So I am planning for worst case situation. If i wouldn't get H1-B next year. I'll transfer my status to F1 in sept 2014. Right now I am doing my masters part time. In fall 2014, I'll be on F1 and start taking course full time. Off course, I'll have to leave the job for one academic year (9 months in my case). I'll be graduated in June 2015 and my plan is to get the OPT and join the same employer again. My employer is willing to re-hire me on same position. My question is if my employer doesn't withdraw the I140 (which is already approved) or doesn't hold my GC processing, can I still get the green card when my PD is current on the same process knowing I would be on F1 and working under OPT? off course, my employer can file H1-b again in 2015 but I am just being little pessimistic and planning for worst case scenario.
Any help will be highly appreciated.
Thanks
