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16andcounting
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 Last Minute Employment Based GC Filing while on TPS
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Posted on 09-23-18 7:55 PM     Reply [Subscribe]
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Hi guys so I have a question about my scenario that is kind of complex. Any advice will be kind.

So my employer agreed to sponsor my GC. But they are worried about the timeline, no surprise there. Fortunate that my manager is fine even if there is a gap of about 3 months. TPS ends in June 2019 and it might take 3 more months for the EAD. This is a rough estimate provided by HR.

My questions:

1) Provided app is filed on October 15(there is a lot of red tape in bigger companies & hence that delay), is PERM filing possible by Jan 15 or somewhere close

2) If PERM is approved before Jun 24, and if I file I-140, I-485 and EAD concurrently, I can stay in the US haina..? Although I still have to wait for EAD to resume work, correct…

3) If PERM takes longer than Jun 24, what are the consequences. Can I apply I-140, I-485 and EAD outside of US


If you have similar experience, please share. Thanks again.
Status-less in 9 months


 
Posted on 09-23-18 9:18 PM     [Snapshot: 82]     Reply [Subscribe]
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Before Perm filing, the company has to do prevailing wage determination (which takes 2-3 months), requirement process (atleast 2 months) and then perm filing (the approval time depends on if company gets audited and all, but lawyers say it should be done in 3-4 months if things go smoothly).

Lets say perm gets approved before june 24, you can do premium processing fo I140, or go for concurrent filing of I-485 and pending I-485 is lawful presence.

If perm doesn't get approved by June 24, you need to go outside US, and once perm is approved, apply for I-140 and do consular processing (you cannot file I-485, its only for change of status forpeople inside US).

You should definitely start the process now. Good luck.
 
Posted on 09-24-18 9:00 AM     [Snapshot: 254]     Reply [Subscribe]
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@16andcounting
Please see the Answers -->

My questions:

1) Provided app is filed on October 15(there is a lot of red tape in bigger companies & hence that delay), is PERM filing possible by Jan 15 or somewhere close
Answers -->Regular circumstances Company won't be able to submit application for a PERM in the short amount of time that you mentioned unless they have been processing a case for someone and you are the one to replace someone in the process. Else, if a process has to start now then it takes at least 6 months to draft the PERM and give minimum of 3 months to get the result after submission (all are happy path scenarios).

2) If PERM is approved before Jun 24, and if I file I-140, I-485 and EAD concurrently, I can stay in the US haina..? Although I still have to wait for EAD to resume work, correct…
Answers --> Yes. You are spot on this one.

3) If PERM takes longer than Jun 24, what are the consequences. Can I apply I-140, I-485 and EAD outside of US
Answers --> This is the most likely scenario you are going to fall under. You should prepare for this one. Company could still process your green card outside of the country and you have to go for consular visa processing outside the country whenever everything is ready for you. I would put this one as the last resort. If company is willing to do this means they are ready to hold you at any cost so you are in a better situations than you thought. However; In my opinion if you don't want to leave the country in this scenario then you should try to change your visa status to either F1 or any other visa category so that you could stay inside the country until you wait for your AOS-EAD from step 2. You better note down all of the possible scenarios you know and discuss with personnel or company attorney to find out the best possible steps you need to follow based on the current circumstances. Good Luck!
 
Posted on 09-24-18 9:50 PM     [Snapshot: 532]     Reply [Subscribe]
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Im on the same page. Let's share the details and steps
 
Posted on 10-28-18 9:47 PM     [Snapshot: 1434]     Reply [Subscribe]
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Is there a hope if i process my labor this month? Anyone on the same boat?
Any new updates.
 
Posted on 11-02-18 11:24 AM     [Snapshot: 1975]     Reply [Subscribe]
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@sujenna Are you applying for EB2 or EB3? I spoke with the HR recently and they are skeptical about getting through the PERM because I would be on EB3. But a lot of people get accepted through EB3 as well, else why would it exist?
I am trying to push through and argue that they should start my application. If I manage to convince them, I will be in the same boat as you are now, but on a much tighter rope. However, like it has been mentioned here before, I could try to change my status to F1 and continue working for them through CPT. You should also look into that.
 
Posted on 11-02-18 1:50 PM     [Snapshot: 2028]     Reply [Subscribe]
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Mine is EB2. PWD filed this week. Im just praying if court will extend us enough time to get through or may be something happens after Mid-term
 
Posted on 11-02-18 2:43 PM     [Snapshot: 2058]     Reply [Subscribe]
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I know what you mean, but definitely consider the F1 route to fill the potential gap. A little bit of time and money for sure, but at least you won't have to travel outside the states.
 
Posted on 11-02-18 4:20 PM     [Snapshot: 2110]     Reply [Subscribe]
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I strongly agree with the answers provided by vampire_suck.

Good Luck!
 
Posted on 11-03-18 9:38 AM     [Snapshot: 2315]     Reply [Subscribe]
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Second masters Bhanda I recommend PhD. Endam scrutiny huncha second masters garyo bhane
 


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