Clarifying the process for international professionals selected in the H-1B lottery while on OPT.
For international professionals selected in the FY2027 H-1B lottery and currently on F-1 OPT, the question of filing an I-140 Immigrant Petition arises. Get Wisa clarifies the process, explaining how an employer can initiate the I-140 even while you are on OPT, and the implications for your long-term immigration strategy.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| PERM Processing Time (Average) | 503 days | [Data not available] |
| PWD Processing Time (Average) | 3-4 months | [Data not available] |
| New Form I-129 Mandatory | April 2026 | [New Requirement] |
| 221G Mumbai/Chennai Delays (Since Jan 2026) | 90+ days | [New Issue] |
| Total H-1B Filing Records in Wisa Database | 323,617 | [Data not available] |
A common misconception is that H-1B lottery selection dictates the immediate ability to file an I-140. Our analysis of DOL data shows that an employer can initiate the PERM process (often preceding I-140) and subsequently file the I-140 petition independently of your current visa status, including F-1 OPT. This allows for a more strategic immigration path, separate from the H-1B timeline.
If your employer is willing to sponsor, encourage them to start the PERM process immediately, even if your H-1B petition is still pending or you are on OPT. This proactive approach can significantly shorten the overall time to Green Card eligibility, especially given the 503-day average PERM processing time.
The FY2027 H-1B lottery selection is a significant milestone, but it doesn't preclude pursuing permanent residency through the I-140 Immigrant Petition. An employer can initiate the PERM labor certification process, which averaged 503 days in 2026, and subsequently file the I-140 petition while the individual remains on F-1 OPT status. This allows for a parallel immigration track.
It's important to note that the I-140 process is employer-sponsored and independent of H-1B status. Even with the mandatory April 2026 update to Form I-129 and the ongoing 221G delays at consulates like Mumbai and Chennai (90+ days since January 2026), employers can still proceed with the I-140 filing to secure a Green Card priority date.
While specific examples of filing an I-140 while on OPT after H-1B lottery selection are not publicly logged in DOL data, the process is standard for employers committed to sponsorship:
Q: Can my employer file an I-140 while I'm on OPT and selected for H-1B?
A: Yes, your employer can file an I-140 petition regardless of your OPT status or H-1B lottery selection. The I-140 process is employer-sponsored and separate from your H-1B application.
Q: How long does PERM processing take before an I-140 can be filed?
A: PERM labor certification averaged 503 days in 2026. This is a critical step that must be completed before the employer can file the I-140 Immigrant Petition.
Q: Does the new Form I-129 impact my ability to file an I-140 on OPT?
A: The mandatory April 2026 update to Form I-129 affects H-1B filings. It does not directly impact an employer's ability to file an I-140 petition for you while you are on OPT.
Q: What are the benefits of filing an I-140 while on OPT?
A: Filing an I-140 secures your Green Card priority date, which is essential for long-term residency. It allows you to pursue permanent residency independently of your H-1B status.
Search thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →Yes, your employer can file an I-140 petition regardless of your OPT status or H-1B lottery selection. The I-140 process is employer-sponsored and separate from your H-1B application.
PERM labor certification averaged 503 days in 2026. This is a critical step that must be completed before the employer can file the I-140 Immigrant Petition.
The mandatory April 2026 update to Form I-129 affects H-1B filings. It does not directly impact an employer's ability to file an I-140 petition for you while you are on OPT.
Filing an I-140 secures your Green Card priority date, which is essential for long-term residency. It allows you to pursue permanent residency independently of your H-1B status.