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msc_bikash
May 20, 2011, 12:05 PM
Hi,

I am on F1 visa. I am eligible to work on CPT for at least 2 years as I will not have OPT afterwards. I have been working for past six months. So, basically 1.5 more year I could be on F1 CPT.

Now, what I wanted to do is to ask my Employer to start the green card application process for me. Is it possible to apply for GC now? Can they show me as a future employee? If yes then what are the consequences?

I am exempt from FICA so, haven't paid any money towards it. How does it effect my application?

When can I expect to get the EAD? When do I file my 485? What happens when the 485 is pending?

Please help me in this regard.

NYcityboy
May 21, 2011, 06:39 AM
You need to consult with an experienced immigration attorney.

It's a 3-step process, complicated by the fact that you are on an F-1 visa. The F-1 does not allow for dual intent, so you will have problems extending your nonimmigrant visa if your employer files a labor certification for you.

The LC is the first step, usually taking about 6 months including the prep time. The second step is the I-140 filed by the petitioner, where they make you an offer of employment and show they have the ability to pay the prevailing wage. The third step is the application for permanent residence. This will take the longest as you cannot file until your priority date is current; and your position is likely a third preference, which is backed up about 6 years. It is only at this time, you can get an EAD.

Most applicants will change status to a longer term NIV (H-1B?) that allows for the labor certification to be filed without affecting the NIV for work and travel (visa issuance at AMCON).

There is a lot of information on this process as it is very basic. I'd suggest you review this information then meet with an immigration attorney. Good luck.

msc_bikash
May 21, 2011, 10:01 AM
Thanks for your answer.
Suppose I go ahead with the process. I am just learning the concepts so don't mind if I go wrong some where.
So, the first step is PERM(?? ) I heard. Is it same as LC?

As of now I have 1.5 years left of my CPT. After that period I could take 1 more year extension by doing a specialization course. What I understood from you is that I can not take that extension if my LC is filed right?

Then the question comes to my mind that can a H1B application filed while I am in one of the several steps that you mentioned? For example: LC takes 6 months, then 140 is filed(how much time?? ), then PR. Within this time my CPT period ends, so what do I do then? Can I go to H1B then?

msc_bikash
May 21, 2011, 10:04 AM
Will consult attorney once I get little familiar with the process..

NYcityboy
May 22, 2011, 06:08 AM
Labor certification (LC) is the same as PERM. Your F-1 OPT and definitely a visa, if you travel, could be denied if you start the LC process.

The LC and I-140 are steps to permanent residence and as such, indicate to the USCIS officer adjudicating your F-1 EOS, that you intend to immigrate. This is not allowed under the F-1, but is allowed under the H-1B. There is a maximum of 6 years allowed on the H-1B, and this can be extended if an employer files the LC prior to the end of your 5th year of H eligibility.