Ask Experts Questions for FREE Help !
Ask
    msc_bikash's Avatar
    msc_bikash Posts: 3, Reputation: 1
    New Member
     
    #1

    May 20, 2011, 12:05 PM
    F1 CPT to Green Card based on employment
    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's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
     
    #2

    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's Avatar
    msc_bikash Posts: 3, Reputation: 1
    New Member
     
    #3

    May 21, 2011, 10:01 AM
    Comment on NYcityboy's post
    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's Avatar
    msc_bikash Posts: 3, Reputation: 1
    New Member
     
    #4

    May 21, 2011, 10:04 AM
    Comment on NYcityboy's post
    Will consult attorney once I get little familiar with the process..
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
     
    #5

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Igot married to green card holder girl how could I get a green card? [ 3 Answers ]

I got married to green card holder girl of usa, how could I get a green card?

Getting a divorce before 1st interview of marriage based green card interview [ 1 Answers ]

Hi, I'm living in america since 2003 decemeber, 1st I had a f1 then I transfer to h1b and now I'm on marriage based green card status, I'm getting a divorce to my wife and my interview 1st interview is due in a week ,what's going to happen to my status after that I have no criminal record no bad...

How to revoke x wife's green card based on marriage fraud [ 3 Answers ]

I have been married for 10 years, two and half years after we were married she admitted she was illegally. After all is said and done we are going through a divorce now and a lot of information is coming out such as she did what she needed to do to get attached to an american for the purpose of...

Green card through employment [ 3 Answers ]

I arrived in the USA 3 years ago. I got in the country legal. I started working in a gas station as a casheir, now I'm the main manager. The owner trust me and I do everything for him, he travels a lot and I do all work from ordering merchancise, going to banks, opening, closing. Now he thinks to...


View more questions Search