EB-2 Greencard directly from OPT/F-1 Visa?

[zendehbadshiraz 0]

Hey guys,

I am a Mechanical Engineer, originally from Bangladesh, and I have been working in the United States for about 1.5 years on my OPT, with an employer who was willing to sponsor my H1B, which they did, but I wasn't picked in the lottery unfortunately. I have made some good contributions to my company and my boss is highly motivated on keeping me here.

My boss mentioned that the company would happily sponsor a green card, and we looked up online on USCIS and found that I could possibly be eligible for EB-2. I have a Masters's degree in Mechanical Engineering (with a certificate in Engineering Management), and my task as an engineer in the company requires a rare combination of administrative systems programming and mechanical engineering designing that is extremely hard to find an actual American replacement for me for. Me leaving would put the company on a rough situation (like having to be forced to hire two different people for the variation of tasks that I am responsible for).

Now here's the problem. My OPT runs out next year on August (08/17), and my boss wants me to stay here and work here without any interruptions (i.e. having to go back to Bangladesh). Is it possible to get an employment based green card before then with the PERM conditions?

Am I correct in assuming that I am eligible for EB-2, without H1b, under my circumstances in the first place? Or should I just count on applying for the H1b next year (my last shot in the lottery).

Wondering if you guys had some advice here?

Edit: I didn't clarify but both my Bachelor's and a Master's degrees (both Mechanical Engineering) are from a college in the United States.

Edited July 16, 2016 by zendehbadshiraz

[arken 4,197]

Correct, if your employer is ready to file for the EB2 petition, they can do so regardless of whether you are on OPT or H1. The only problem would be the processing time. If you are able to file i485 (after going through PERM) with approved i140 or concurrently with i140 (depending on visa bulletin at that time) before your OPT expires, then you can stay in the US. If not, you have to leave US and go for EB2 consular processing.

Edited July 16, 2016 by arken

[aaron2020 11,651]

EB2 is not current. The current PD is Feb. 1, 2014.

You would have to wait over 2.5 years for a visa.