F-1 to Green Card
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      1. The White Paper for F1 Students
      2. F-1 Visa and Status
      3. F-1 to Green Card

      F-1 to Green Card: How to Maintain Legal Status During the Waiting Period Without H-1B?

      If you apply for a green card as an F-1 student, you can stay in the U.S. during the waiting period by enrolling in a Day 1 CPT school or by relocating abroad through an employee transfer.

      Green card applications usually take at least 2 years. If you were born in India, it may take over 10 years. Therefore, it is important to maintain your legal status in the U.S. during the waiting period. If you do not hold an H-1B visa, the best way to remain in the U.S. is to continue using the F-1 student visa.

      Day 1 CPT vs. Relocation

      Assuming you start applying for a green card immediately after graduation and you are on a 3-year STEM OPT, your green card application will be partially completed during this period. For the remaining time, you will have two options:

      • (1) You can enroll in a Day 1 CPT school in the U.S., which allows you to work in the U.S. while studying.
      • (2) You can consider asking your company to transfer you to a foreign branch as an expatriate.
       

      Working in the U.S. with Day 1 CPT

      Relocation

       

      Pros

       
      • You can stay in the U.S. on F-1 status, working under CPT and gaining relevant work experience.
      • Relocating to an overseas branch can give you valuable international work experience and boost your career development.

      • You may also receive an expatriate allowance from your employer.

       

      Cons

       
      • Using CPT for work may have some restrictions, such as limits on weekly working hours.
      • You will need to pay tuition fees for CPT schools.
      • This approach may not be available to most people, as your employer may not provide relocation opportunities.

      • The salary for an expatriate may be lower than that for employees working in the U.S.

      Caution:

      Working at an overseas branch has its pros and cons. For a non-citizen, working at an overseas branch for a long time may have the following impacts on their legal status in the U.S.:

      • Green Card Application Issues: For employees applying for a green card, a long-term absence from the U.S. could be seen as abandoning their applications. If they leave the U.S. for an extended period (typically 6 months or more), they may need to restart the entire application process.

      • Tax Issues: Working outside the U.S. can affect your tax status. You may be required to pay taxes in both the U.S. and the host country; moreover, your tax obligations may be influenced by your overseas income.