I in F1 and working on CPT. My consulting company is ready to sponsor GC for me. I do have BE+ 6yrs of experience,from Nepal though, lawyer said i m eligible for EB2 category. Is it good to file GC when i am in F1 ?. When asked the same to my lawyer he said you should be in legal status , f1 or h1 doest not matter. Has any one had filed GC while in F1 ? any experience and suggestion in this regard is highly appriciated.
Thanks,

I am also in same situation as you are, Wet sun.
I too have over 5+ yrs experience after undergrad. I was wondering if I can file GC in EB2 category or it has to be in EB3 ??

I think it is ok to file for GC even if you are in F1 status.

Yes, if you have BS + 5 yrs of experience you can file in EB2.
Immigration gurus please adivce .

You can file GC even if you are in visitor visa (B2). There is no question, u certainly can file for your green card. Go ahead, don't wait though. More you wait more it gonna take.

Puruz

Puruz is right.

The applicant ca be in any visa for GC filing. For PERM and I-140, the applicant does not have to b in the US too.

Beware!!! I am not a lawyer but remember these things ..

The F1 visa is an international student visa in the US. The F1 is issued strictly for the purpose of studying in the US, and the F1 visa holder is legally required to leave the country upon the completion of studies.  The Green Card is for the permanent residency (immigrant) status, with which the holder can stay in the US indefinitely pursuing whatever he or she wishes.

You have already noted, in a way, that your plan of action - applying for the green card and being in a the F1 - are in conflict. The F1 student visa, stipulates that you must leave the US upon the completion of your studies. Thus, your intent must be that of staying in the US temporarily.  As a result, you can not have the intent of staying permanently in the US (as required for the green card) and, at the same time, have the intent of staying in the US temporarily as required for the F1. If you pursue both plans, the only impression you would communicate to the US INS (Immigration & Naturalization Service) is that you are not being truthful, in which case both applications will be rejected.

I agree w/Alu Jasto. F1 is a non-immigrant visa so it would be in your best interest to get your H1B and apply for a GC. Filing for a GC directly will limit your travel opportunities and might cause you problems during the process. We are not lawyers here but make sure to consult a lawyer - this is just an opinion.

Thanks