Green card question - Suggestions?

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Hi all,
My employer is ready to file a green card for me. But right now I am working on CPT. One of my colleague told me that it would take no more than 8 months for the green card to be approved for a Nepali citizen. But it would take longer for lets say, an Indian or a Chinese person. Is that true?

I have 4 year of working experience in software development (year and half in US). My employer has agreed to file H1B or sponsor GC(if I am eligible). I will soon be out of status in few months and seriously need a suggestion. Does anyone have gone through a similar experience?

Please share your experiences if anyone have applied for a green card in F1.

Thanks in advance.

Santos.

fortunefaded

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Can an F-1 student apply for green card?

There is no clear guidance or regulation from the USCIS regarding whether a student is still under F-1 status if s/he has applied for I-485 adjustment of status. Since a student visa doesn't allow "dual intent" as in H or L visas, it seems that filing a green card application - a clear indication of immigrant intent - would terminate one's F1 status immediately. However, there have been strong arguments, precedent cases and even informal remarks from USCIS personnel that indicate one may, in fact, maintain both F1 and AOS status.

Since USCIS may issue new guidance on this matter in the future, students under this situation must be even more careful with their status issues and on- or off-campus employment opportunities. We definitely recommend applying for EAD along with your 485 application. Additionally, an advance parole (AP) is absolutely necessary if you intend to travel abroad, not only to avoid abandonment of your AOS, but also because you will have a hard time explaining to a consulate officer why you still qualify for an F1 nonimmigrant visa.

source: http://immigrationroad.com/visa/f1-student.php

pyaradeshbasiharu

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"One of my colleague told me that it would take no more than 8 months for the green card to be approved for a Nepali citizen. But it would take longer for lets say, an Indian or a Chinese person. Is that true? "

It depends on which employment based category u r filing..Priority date for EB2 is always current for Nepal..For EB3 priority date for Nepal check US visa Bulletin..

These days there is a Back log in Labor..

If u r lucky , you may have GC in 6 months after filing Labor..USCIS is unpredictable..But during these times i highly doubt that GC will be Approved withing 6 months..Realistic scenario is 8-1 and half years...I am assuming that You will be filing in EB2 Category..

"I will soon be out of status in few months and seriously need a suggestion"

During GC filing you have to maintain Valid Status all the time..So filing GC straightaway is not going to work for u..

"Since a student visa doesn't allow "dual intent" as in H or L visas, it seems that filing a green card application - a clear indication of immigrant intent - would terminate one's F1 status immediately"

It doesn't terminate immediately as u have shown immigration intent..But if Your I140 is denied You wouldn't be eligible for F-1 status as u have shown immigration intent..That's why PPL suggest applying for GC while u r in H or L visas as it is dual intent...

santos_shr69

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thanks guys...looks like h1b is the right thing for me...I can always try GC once I am on H1, right?
thanks again.

PeaceSoul

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If you have undergraduate degree and 5 yrs experience then you qualify for EB2 category green card process but you mentioned that you are working on CPT and have over 4 yrs US experience. Since I was student here in US too but I had CPT for only for a year but I am wondering how come you had CPT for 4 yrs. If you work over 1 yrs on CPT then you are out of status as per my understanding. How can you prove without CPT you have over 4 yrs of full time work experience?

However if you have masters degree and your employer is interested to file for your H1 then go for it. After 6 months or a year you can start for your labor process and go further for green card process.

Good luck !!!
I am sorry if it hurts your feeling with my answer.

pyaradeshbasiharu

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f you have undergraduate degree and 5 yrs experience then you qualify for EB2 category green card proces

Peacesoul bro, no offense but u r Absoultely WRONG.It's Nature and the requirement of the Job that matters most for Employment based category..

Let me rephrase ur answer

"If you have undergraduate degree and 5 yrs experience and the Job u r doing requires a Bachelor degree with 5 years of Experience ,then you qualify for EB2 category green card process"

delicate

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"pyaradeshbasiharu" is correct. it all depends upon the requirement of the job. if you even have master's degree but the job requires only bachelor's degree with 0-5 years of exp, then u may only qualify for EB3. filing for EB2 may disqualify you. please consult with your lawyer and employer carefully!

you can apply for H1B ASAP in order to be in status. then, u can start processing for GC.

Goodluck!

Gohtalo

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can you send me your employer name?

santos_shr69

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To PeaceSoul,
Dude I have mentioned that I have 1 and half year US experience. I guess you missed that part. Out of 4 years, 2.5 was in Nepal.
and BTW I have a masters in CS.

Gothalo:
It's one of the world's largest ecommerce company based in Seattle, WA. I guess you can figure it out. :)
And sorry, I don't want to directly write my employers name.

santos_shr69

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gothalo: अमाजोन

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