Is it possible for me to go from F1 OPT to EB2 upon completion of my degree? 2 Answers as of April 16, 2015Hi. I have got admission from university for its 1 year MSIT e- business program and will be joining the program this August 2015, and by that time my work experience will be 5 years 5 months, though non-US work experience. Is it possible for me to go from F1 OPT to EB2 upon completion of my degree. Thanks.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
The short answer to your question is yes, you may become eligible for an application in the EB2 visa category, but significantly more information is needed in order to fully analyze eligibility and to assess options. Among those considerations are that an application in the Employment-based Second Preference (EB2) visa category is the first of two major steps toward becoming a Lawful Permanent Resident (getting a "Green Card") - the second step is applying to adjust status. Filing an application for adjustment of status, and the actual use of an Employment Authorization Document ("EAD" or "work permit") or of Advance Parole (a "travel document") while that case is pending may be expected to terminate eligibility to extend F1/OPT status. For this reason, it would be wise to engage an immigration attorney to learn all of the relevant details about you, your expertise, your job, etc. in order to advise you about immigration-related options and the most appropriate steps for you to take, and to represent you in the immigration application process.
Answer Applies to: Georgia