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[绿卡和移民] 有没有Fragomen在OPT期间开始办绿卡的? 该如何交涉?

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d2002081 发表于 2016-4-22 07:13:11 | 显示全部楼层 |阅读模式


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本帖最后由 d2002081 于 2016-4-22 07:14 编辑

本人几年第二次抽签h1b无望, 于是打算放手一搏看看能不能直接在opt期间开始绿卡,但是Fragomen似乎极力反对,同时又看到有人在OPT期间申请绿卡成功的说法, 预是想问下又没有人让fragomen在OPT期间开始绿卡程序的经验?

我去年刚入职的时候经理愿意马上帮我开始办绿卡, 就是卡在Fragomen上面,但是现在感觉不能拖了,于是打算放手一搏。 我是香港出生, 按道理来说24个月的 OPT extension应该有一些胜算才对, 还是说应该还有其他风险存在?

以及该如何和他们交涉才比较有利? 下面顺便把几次邮件的信息贴出来, 有经验的人能大概分析一下么? 鏉ユ簮涓浜.涓夊垎鍦拌鍧.


============邮件 按照时间先后排列==============
ME: 鏉ユ簮涓浜.涓夊垎鍦拌鍧.

I was wondering if it is possible to start green card process when I am on OPT?
I am born in Hong Kong so it should not be too much wait for the green card and there should be enough time for me to get the green card before the opt extension (which I am applying now) expires.

Also, I was wondering if there are any updates regarding my H1B application this year?

Thank you,
. more info on
Company 's policy is to wait until you have obtained an H-1B visa (or at least have been accepted for the H-1B quota) before starting the Permanent Residency process.   If you are accepted in this year's H-1B cap, please send an e-mail and we can begin the process. In addition to this being policy, there are also legal concerns with filing a green card application while the employee is in F1 status in regard to maintaining the correct non-immigrant temporary intent of the F1. . 鍥磋鎴戜滑@1point 3 acres

We have not yet received a receipt notice for your H-1B petition.  We are only receiving receipt notices if the case is accepted in the lottery and we expect to receive them for premium processed case for the next couple of weeks.  We will let you know if we receive it.
=============================================. From 1point 3acres bbs

=============================================. 鐣欏鐢宠璁哄潧-涓浜╀笁鍒嗗湴
For the non-immigrant intent issue, as long as I have no plans to travel outside of US, and receive green card before F1 expires, that shouldn’t raise an issue isn’t it?
I am mainly asking because I am born in Hong Kong so I don’t need to wait for the green card once the I140 is filed so there is a great chance that I could receive the Green card via EB2 process without the need to go through the risk of not getting H1b at latter lottery.
. more info on
If my above assumption is not correct. In order to maintain non-immigrant intent, does that mean I cannot file for EB5 as well?


The issue is that the PERM application (which is the first step of getting the green card) is relatively lengthy (6 - 9 months to file) and if the PERM application is audited after it is filed, it can take another 12 - 18 months to obtain an approval.  If you do not obtain an H-1B prior to your F-1 work authorization (in OPT and/or OPT EAD), it is very unlikely, you will have the green card.  In this situation, you would need to leave the US, and even if company decides to relocate you to an oversea site, we could not continue with your greencard.  Thank you.

Since I still have 27 months of OPT  (3 months left + 24 months ext), the timeline seems to fit right in if it could be started now. . visit for more.
Even with the risk, but it could still be a safeguard for the H1B lottery isn’t it? . from:
So there would be 2 scenarios with green card application:
1.      Green cards went smoothly (then I get my green card without the risk of going through the lottery pain)
2.      Green card went into audit, and I get H1b lottery in middle, then H1B could take place after that.
.      Green card went into audit, and I do not get H1B, this will only have same effect if I do not receive H1B lottery later, I have to leave US. 鏉ユ簮涓浜.涓夊垎鍦拌鍧.
  . Waral 鍗氬鏈夋洿澶氭枃绔,
At current stage, my remaining OPT seems to fit right in the longest timeline with the PERM process, which takes, in total to audit process, 6-27 months. And since I am born in Hong Kong, I do not need to wait for the priority date after I140 is filed. . 鍥磋鎴戜滑@1point 3 acres
So to me, even with the worst case scenario,  I take the same step as if I have not win the H1B lottery. Which there is no loss at all.
On the other hand, if by any chance the worst case did not happen, it serve as a protection to the H1B lottery risk.
Would this be like what I have mentioned?
  . 鐣欏鐢宠璁哄潧-涓浜╀笁鍒嗗湴
Thank you,
. 鐗涗汉浜戦泦,涓浜╀笁鍒嗗湴

As I have mentioned, this is not Company's policy, but since you are insistent, we will arrange a time for you and your manager to speak with the attorney, so that you are both aware of the options and/or lost cost in regards to starting the Permanent Residency process and not obtaining the H-1B in the future. Please keep an eye out for the invite.  Thank you.   
lavalake 发表于 2016-4-22 08:20:28 | 显示全部楼层
本帖最后由 lavalake 于 2016-4-22 08:26 编辑 . 鐣欏鐢宠璁哄潧-涓浜╀笁鍒嗗湴

I am onboard this January and company start my perm immediatley.
The law firm is also Fregomen. I have some concern with filing perm during opt and I asked. From 1point 3acres bbs
fragomen whether is there any issue. They told me there is no issue as long as I do not leave US before getting H1B.
Unfortunatly I do not get the H1B cap this year and I hope I can get next year before file 140.
My laywer told me it's safe to file perm during opt because it's handled by DHS not USCIS.
I dont know whether it's safe to file 140 without H1b. Now what I can do is to prey to get the H1b next year before file 140.
. 鍥磋鎴戜滑@1point 3 acresIf still not lucky next year, I need to talk to my layer whether to file 140.
Because perm only valid for 6 month. So if I do not file 140 next year, I may need to do the perm from beginning.

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lha_1313 发表于 2016-4-22 08:30:13 | 显示全部楼层
在微软的时候perm是入职之后马上开始做的 也是fragomen
楼上说的是对的 140批准之前不会被认定有移民倾向
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 楼主| d2002081 发表于 2016-4-22 16:09:09 | 显示全部楼层
lavalake 发表于 2016-4-22 08:20
I am onboard this January and company start my perm immediatley.
The law firm is also Fregomen. I h ...
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