H1B application while in the process of Green Card

I was working on student visa for 3 years and was waiting for my H1B application to be picked. This was my last attempt and I was not selected in April. My fiancé is a US citizen and we decided to file for Green Card through marriage. I applied for it in April and continued working until June when my OPT ended. Though in August, I got to know from my manager of the company for which I used to work that my H1B has been picked up in the second lottery and they will be filing for it. I am out of my 60 day grace period that we get after OPT expiration and I believe I’m not related to my school anymore.

I am confused if my application will be filed through change of status or consular processing? And how much time does it take for the whole process? I mean if it takes several months to get it processed, I can just wait for my work permit that I will be receiving through Green Card.

You can only do change of status from F1 to H1B if your employer applied for cap-gap extension which basically fills the gap from the OPT EAD expiry to the start of H1B which typically is from 1st October.

In your case, as your OPT expired already, your H1B will be approved with consular processing.

Discuss your case with your employer’s immigration lawyer and follow their advise.


Thank you so much for the clarification. Does that mean that I will have to leave the country and get H1B stamped from one of the consulates outside of U.S? And only after that I will be able to work?

Also, I am not sure if my employer’s immigration lawyer know my case throughout that I have applied for Green Card too. I did tell it to my boss but I don’t know if he passed that information to them. Should I personally tell them about it or should I just leave it for them?

As I mentioned, discuss your case in detail with your immigration lawyer directly and follow their advice.

Ok. I did talk to my lawyer who filed for my Green Card and told her that my company is applying for H1B and if there would be any issues with the Green Card application. She said, there will not be any issues with it. I will be talking to my employer’s immigration lawyer and let them know about the case too.


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