My employer just finished the advertise part and ready for filing Labor for GC. I am scared if Trump administration halts my application. In current situation, is H1B safer than GC? I am in TPS and have just 17 months to finish everything. If both are not feasible or likely to impacted, what else are my option? My case is now very serious. Sajha.com has lot of genius people with lots of experience in such topics. Please share or post of opinion.
unite_nepali · Feb 5, 2017 5:15 PM · 13,056 views
So far there has not been any rumours about EOS and bill affecting employer based visa. Although , I would say that if he removes the country cap visa availability(see visa bulletin) , that might affect the visa availability since our chimike rastra with 10+ years of visa wait will merge with us.
fdpower · Feb 6, 2017 9:42 AM
Maintain both your H1B and TPS and apply for GC under Eb2/EB3. 17 months should be sufficient to CoS. Apply for I-140 premium and if confident about the I-140 approval, then do concurrent processing of I-140, I-765, and I-485. While doing so, extend your H1B to be on the safer side. If you have already utilized all your 6 years of H1B, and you have I-140 approved or Labor approved before April, you can file for H1B extension. There is some clause where you can extend your H1B (do some research). Timing is very imp factor and you should be getting GC if done without wasting your time. Good Luck.
neerman · Feb 6, 2017 11:02 AM
Thank you fdpower and neerman for your valuable information and suggestion. Can I apply for concurrent processing of I-140, I-765, and I-485 even my VISA date is not current? How do I stay on the status while my GC processing is in pending? I am in TPS not in H1B? What you suggest me to do? I have just 17 months and even labor has not been processed. The labor (PERM) will be filed next week or within this month by my Employer. The situation is little panic when administration changed with "Bannon" as high level strategist in WH (as the right hand of Trump).
unite_nepali · Feb 6, 2017 3:09 PM
If you have 17 months, labour taking 4-5 months these days you should be fine. Regarding the status ..if you went to TPS from F1, you can go back to F1 and during the GC change status from F1 to GC. I would not panic at least for now because you will have a lot of reasons to panic later :) like when you check everyday to see if perm is approved or audited. Same thing with I140 and the big long wait for 485. one wise man told me dont worry unless there is a reason to ..right now you don't have a reason to worry because you still have a long way to go. Regarding the concurrent filing , again since you still have a long way to go I would not worry about it right now. After your perm approval if your pd is current file it concurrently if you wish to ..If you don't file concurrently file the 140 in premium.. Good luck.
fdpower · Feb 6, 2017 4:26 PM
same here bro vukampa pidit quota only TPS status lawyer just sent prevailing wage 2 weeks ago. waiting for it, then long process .... aba june 2018 bhanda agadi hune ho ki haina ? tension cha. ur case is few month advance than mine (given recruitment and ad is all done) am in civil engg. small firm in south finger crossed.
urban rural · Feb 6, 2017 4:29 PM
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