If I came to the US 5 years ago on F-1 student visa, can I directly apply through my current job for permanent residency without going through the H1-B process?

My visa expired this year. I am now working for an US employer on OPT status.

Asked on October 18, 2014 under Immigration Law, Illinois


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Technically, yes but the process will take a while and you will not have employment authorization or ability to remain in the US lawfully if you do not have an interim status such as H-1B for when your OPT expires and when your green card process is far enough along that you can remain in the US.

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