Advice regarding PERM and H1B situation

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Hello,

First of all, I hope you and your family are doing safe and sound in this pandemic.

I am an F1 student currently on OPT which expires in May this year. I applied for PERM on January 2020 and got RFE (random audit) on December 2020 to which my employer replied on January 7th 2021.

I completed my bachelors in May 2020 and am working in a firm (not the same employer) that cannot apply for H1B for me. I recently got approved for H1B from a different employer.

My PERM process is very near for filing I-140 and 485. I have applied for school prior to my H1B approval to maintain my F1 status and now since I am approved for H1B, I have to go for Cap-gap to start working in October 1.

Given the situation. I wanted to know what implications and effects will this have on my PERM EB3? And which of two options will work better for me in the long term?

Thank you for your attention.

Note: My F1 expired at the end on 2020 and I am strictly on OPT right now.

Your question is not clear.

Which two options are you talking about?

Hello Anil,

The two options are PERM and H1B.

PERM/i140/i485 and H1B can run in parallel. I don’t see any issue.

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