AoS from F1 to H1B or EB-2?

[chio_bu 0]

Hello!

I'm Malaysian, 24 y/o. I came to the US on an F1 visa in 2012 to finish my master's degree. Met a USC guy (former USAF) and fell in love, been in a relationship since. Graduated, and used my OPT to work in Seattle, while he came back to Georgia and stayed there. We are currently engaged, just in a long-distance relationship.

I work for a non-profit organization serving a marginalized population. My OPT is ending July 10th, my company is willing to sponsor me a visa (whether H1B or an EB-2; since I hold an advanced degree, a license to practice, and can vaguely meet some other third criteria [professional membership, etc.]).

My questions here are:

1) Are all non-profits exempt from the H1B cap?

2) I read somewhere that I might be exempt from terminating employment if my EB-2 is pending. Is this true?

My fiance is willing to marry me a little earlier (we projected for a 2016/2017) since he wants me to stay. Would I have to move back to GA before July 10th, or can we adjust status after that date? Are there any special provisions time- or processing-wise since he is a US vet?

Thank you!

Edited June 4, 2015 by chio_bu

[Boiler 46,216]

Have you talked to your Employers Lawyer yet?

Have not seen a non profit mentioned that is subject to a cap.

CAP Ext I thought applied to regular H1bs as they had to wait until 1st October.

EB2's take time and you would need something to give you status and work authorisation.

Can take up to 90 days to get EAD after filing to adjust through marriage, you do not need to be in GA at the time. Vets makes no difference.

Edited June 4, 2015 by Boiler

[chio_bu 0]

Hi Boiler!

Thank you for your response.

I haven't spoken to the lawyer yet; we're still kind of figuring out what my options are.

I thought you're given a 60-90 days grace period until your H1B kicks in. So, for example, if my OPT ended in May, then there would be one month that I'd be out of status right? Do people usually leave and come back October 1st then?

Would you elaborate on this: "Have not seen a non profit mentioned that is subject to a cap.", please? AFAIK, non-profits or government departments must be affiliated to research institutions or schools in order to be exempt from the H1B cap.

We're also still unmarried. Does it matter if I adjust status after my OPT ends? Get married first, or start filing now?

Thank you for all your help.

I've been calling USCIS and my country's consulate, but no one has been available to speak to me.

[Boiler 46,216]

Figuring options is why you speak to a Lawyer, they have the BIG advantage of the full story.

Non cap employers let us say that your Employer is one do not normally have a waiting issue, I have only seen this come up with regular H which now has provision to go from OPT to 1st October.

Never heard of grace period otherwise.

Also had not heard of the need for affiliation. Uni's and Non Profits could have operations that do not qualify.

USCIS and your Consulate are only likely to confuse matters.

[chio_bu 0]

This is what I've found so far about nonprofits and universities. It's kind of confusing because that's what I've always thought, but wouldn't have bet on non profits not being exempt from the cap.

I'll go ahead and ask HR about their resources for immigration lawyers. They've mentioned doing this before, so perhaps they've more insight.