F1 to Green card

F1 to Green card Personal Experience Sharing

After graduating from school (STEM major) in 2019, I successfully found a job. 

The company's H1B lottery policy is quite friendly, they offer to drawn the H1B from the first year of employment, but since it was already August 2019, it is only possible for me to participate in the H1B lottery in 2020 (The fiscal year 2021). At that time, I naively thought I could get the H1b lottery with my Master's degree. Still, I didn't expect that the H1B lottery in 2020 would become an online application - the cost of the application fee in previous years was $2000-$3000, and the application fee in 2020 is only $10. That is where the H1B Abuse started. 

Unsurprisingly, I lost 2022 (Fiscal Year 2023) lottery this year. However, my OPT expired in August, and I will face the choice of relocating or studying at day 1 CPT School. Whether it is to continue to register H1B lottery during the CPT period or to relocate and finally return to the United States, the goal is to obtain the green card. Therefore, I downloaded the official data for FY 2017-2022 of USCIS and analyzed OPT to H1B and H1B to green card Approval Rate.

Let me explain the “Fiscal Year (FY)” first: 

The Fiscal Year (FY)- USCIS calculates the fiscal year from October 1 of each year to September 30 of the following year (eg. October 1, 2021 - September 30, 2022, is the fiscal year 2022). FY for all data does not refer to the date USCIS received the application but the date USCIS made the final decision on each type of application. So even if USCIS received your application in September 2021, your case data would still be classified in FY2022. This data point classification method of FY is displayed on the data, which will cause the number of Receipts to be less than the number of Approval. This is normal.

F1 - OPT: Easy level!

OPT (Optional Practical Training) is a work permit that international students with F1 status can apply for. 

OPT allows international students to work as students in their academic-related majors for 12 months (STEM majors can have up to 36 months). Therefore, F1 to OPT is a transitional stage from students to migrant workers. You can legally work for some employers, but your student status still limits you. 

Let's first look at a set of data for OPT applications from 2017 to 2022

(OPT applications correspond to Form I765, where C03A = Pre-Completion OPT, C03B = Post-Completion OPT, C03C = 24-Month Extension for STEM students).

Since USCIS sometimes might have slight errors and time delays while recording data, look at the overall Approval Rate and Denial Rate of a 5 years OPT.

OPT Approval Rate 97.5%; OPT Denial Rate 3%

As long as the application materials are complete and still within the valid period of application, OPT & OPT Extension can be approved. Students who apply for OPT & OPT Extension only need to check the materials carefully, pay attention to the timeline of the application, and wait patiently. There is no need to worry. I think the more critical issue is to find a job before the OPT takes effect and negotiate with the employer about an approximate entry time.

According to the above data, the number of people applying for OPT has declined from 2017 to 2021; then the question arises: The number of people applying for OPT is getting less and less, then why are there more and more people participating in the H1B lottery?

OPT - H1B: Chance of winning the lottery

H1B, Specialty Occupations/ Temporary Worker Visas, work visas. Transitioning from OPT to H1B is equivalent to having a long-term legal worker status in the United States. Currently, the student visa is completely changed to a work visa. That is, it is completely separated from the school and is no longer restricted by student status. Before the H1B lottery policy was changed in 2020, H1B was at the beginner level. After the online application started, the difficulty of drawing lots from level 1 to level 10. (Please see the data attached below).

FY2017— FY2023 H1B Number of registrations by lottery

• FY2017：236,000

• FY2018：199,000

• FY2019：190,098

• FY2020：201,011

• FY2021：274,237

• FY2022：308,613

• FY2023 (this year): 483,927

The data for FY2022 is already ridiculously high. This year, the number of H1B registrations in FY2023 has reached a new high, reaching 500,000. There are 85,000 H1B places per year, 65,000 + 20,000 (Master Cap), and the first round will be drawn directly this year. 127,600 last year (FY2022), three rounds added up to only 131,970 draws. Under the premise of ignoring H1B Abuse:

• FY2022, 308,613 draws of 131,970, 42.7% probability of winning

• FY2023, 483,927 draws of 127,600, 26.4% probability of winning

  (Master cap has a higher probability of winning, but Undergraduate has a lower probability of winning)

But H1B Abuse cannot be ignored because more people have registered 20 while filing 10. Usually, the probability of one person's 1-sign/2-sign draw will be more negligible. Continue to fish in the pool of file 10, 2 of the 10 files were drawn, and 8 continued to mix in the pool. According to this development progress, the lottery will only become more and more difficult. In the past, H1B was a bridge between OPT and a green card.  Now, H1B is running farther and farther in the direction of branding and handling, however, as long as the H1B is drawn, the Approval step is relatively easy.

Approval: 

The overall pass rate of H1B; Completions with RFE: The proportion of RFE cases; Approval with RFE: After receiving the RFE, the proportion of final Approved through a series of operations. During the Trump administration, immigration policies were tightened, and the H1B approval rate was low (84.5%) reaching 97.5%, drawing is equal to getting it. 

FY2023 has a high probability of continuing the Approval rate of FY 2021&2022. Therefore, the minor partners in the FY2023 lottery, as long as the lawyers are reliable and the company is strong, basically lock the H1B in advance.

H1B - Green Card: 

Just waiting patiently: H1B should be a green card transfer station for most students. There is no absolute relationship between H1B and green cards. Whether you are F1 or H1B, you can apply for a green card, but most companies require H1B before giving the Sponsor a green card to ensure that employees have a legal identity to work before the green card is approved.

Under normal circumstances, it is to apply for two types of employment immigration, EB2/EB3 (EB1 is not considered in this article), and the entire application process takes three steps:

Step 1: PERM/Labor Certification Stage (EB1 and EB2 NIW doesn’t require this Stage)

Step 2: I-140 Immigrant Petition Stage

Step 3: I-485 Adjustment of Status Stage

This step takes half a year to start, and there is no way to rush it, the only thing to do at this stage is to wait.

I140 stage

The U.S. Department of Labor (DOL) approves PERM, and you can submit Form I140.

The application pass rate of I140 has been stable at more than 90% in recent years. The validity period of PERM is 180 days after approval, so the I-140 form must be submitted before the PERM expires. 

You can expedite the I-140 processing time for employment-based petitions by filing Form I-907 and paying a $1,440 filing fee, which is the only part can be expedited during the entire green card process. The only step in the application process is that you don't have to wait: Once you get your I-140 approval can get the Priority Date, often called Green card PD. However, as long as the Priority Date green card is scheduled, job-hopping will have no effect because the new employer will go through PERM and I-140 again, and the PD will be retained. Still, from PERM to I-140, getting PD is not very cost-effective to switch jobs, and it may waste more than a year. But the current waiting time is uncertain. The green card schedule in June 2022 - the approval date, EB2 stays on 3/1/2019, EB3 stays on 3/22/2018.

According to this progress, from getting PD to submitting the I485, there must be a tormented wait of three to 5 years in the middle.

I485 Stage

You can submit the I485 form when you wait until the PD. I485 is the last step in the green card application process, and it is also the end point of the entire F1-to-green card long march. After the I485 is approved, the green card is in hand. The green card pass rate/approval rate of the employer Sponsor is very high. If you get denied, go to your lawyer immediately, and let the lawyer try to see if there are other remedies, but I-485 is also a process that needs to wait, there is no expedited way.

In the later stage, during the period from getting the Priority Date green card scheduled to submit the I-485, you must ensure that you are always working. At this time, you can only work hard and wait patiently. 

OPT Timeline

Students who have recently graduated and are applying for OPT or applying for OPT extension, remember to check the materials and submit them within the specified time. And do not worry too much about being denied; some schools will require students to submit the materials to USCIS before submitting them to USCIS. When the school does the inspection, you must pay attention to the requirements for the application timeline and strictly follow the school’s timeline.

Currently, USCIS processes OPT documents very quickly. Official data shows that 80% of cases can be completed in about a month. In 2021, USCIS will also open online application channels for OPT and STEM Extension. Compared with the mailing channel, there is no need to worry about lost items, and the entire application process is smoother.

Relocate’s Advantage & Disadvantage

An L-1 petition is the process by which the U.S. Citizenship and Immigration Services (USCIS) determines whether the U.S. and foreign employers have a qualifying relationship, and whether an individual meets the requirements for either the L-1A or L-1B visa.

Relocate advantages:

• After 1-2 years, you can go back to the US with L1A or L1B and start applying for a green card.

• L1A can get a green card very quickly.

• It only takes 11 months; you can continue to apply for H1B during L1B.

• During the relocation period, you can travel to different places, especially if you relocate to Europe, there are many holidays, and you can play all over Europe during the relocation period.

Disadvantage:

• Wages may reduced.

• Most cases (a few cases are not considered here) are to relocate to Europe, Canada, or China.

• Still, no matter where the relocation is, the salary will be cut by 30% or more, plus the tax is higher than in the United States, and the salary may be directly higher than the current salary, cut 50% (or more) in half.

To return to the United States in the future, you cannot change jobs. Once you change jobs, you may not be able to return, and It is equivalent to 1-2 years of relocation being bound to your current employer.

O1

O-1 Visa: Individuals with Extraordinary Ability or Achievement

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

For more information, see USCIS Policy Manual Volume 2, Part M.

The O nonimmigrant classification are commonly referred to as:

• O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry);

• O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry;

• O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance; and

• O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.

• O1 Advantages: No limit, no lottery required; wages can remain the same. 

• Disadvantages: difficult to apply.

Day 1 CPT

What is Day 1 CPT?

Day 1 CPT refers to the fact that some master's or doctoral programs allow students to work on CPT on the first day of the program. Most schools do not allow students to participate in CPT in the first semester or the first academic year, and some schools allow students to work on-campus in the first year, and can only work off-campus after one year of course registration. However, if the Day 1 CPT is required or permitted by the school program, the student may begin to work from the first day of enrollment.

Regarding the legality of full-time CPT or Day 1 CPT, first of all, the USCIS allows full-time CPT. The Immigration Bureau delegates the authority to formulate CPT policies to various universities, including whether to allow on-campus/off-campus CPT internships in the first year of school, and whether to allow full-time and part-time CPT internships. The USCIS focuses on whether students work illegally during the full-time CPT period, whether there is a gap between student status and H1b status conversion, whether there is illegal stay, whether they attend school in accordance with school regulations, etc.

Day 1 CPT Advantages:

• You can stay in the United States to continue the H1B lottery, Master's degree can get 2 more years of lottery, Doctoral degree can get 3 more years of the lottery.

• There is also OPT after graduation.

• Wages remain the same.

Disadvantage:

• The annual tuition fee of $8k - $15k

• Online class + homework is required every week

The above are the steps from F1 to H1B to the green card, data analysis, and some suggestions about OPT and H1B. 

We provide Free 15 mins Day 1 CPT consultation service, please contact us if you have any visa issues.