F1 to Greencard

[luvedlad]

What is the name of your state (only U.S. law)? California

Dear Lawyer,

I have recently completed my Masters and working in OPT rightnow. I would like to go back to my school next year to do my PhD program, hence I'll get an internship to work 40 hours per week during my course I would like tobe in F1 visa status for next four years until I complete my PhD program and continue my full time job with my current employer.

Please let me know if I can apply for greencard, when I work 40hrs per week regularly and get paid each month.

Thanks.

 

[ImmigAttyLana]

Your employer can APPLY for permanent residence on your behalf ONLY if the position that you are being offered is a FULLTIME PERMANENT position. An intern position does not sound like a permanent position. However, please note that since permanent residence petition is for a FUTURE position, you do not need to be working at all for the petitioning employer in order for them to sponsor you. As long as the employer is OFFERING you a FULLTIME PERMANENT position, it is possible to file. Keep in mind, however, that since F-1 status does not allow for immigrant intent, you need to already have your F-1 status first before anything is filed by the employer AND, if you intend to travel internationally, you need to secure a F-1 visa before anything is filed by the employer.