Posted by: Harris March 1, 2007
green card application...help
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Birkhe Bro, you and your company seems too lost! Log on to http://www.uscis.gov and click on the 'Permanent Resident (Green Card) on the menubar on the left. That will lead to you tons of information about green card application process through employment. It is possible to get green card through different methods while you are still in school. In the same time, it could be risky if you don't have a back up dual-intent status such as H1B if your application is not approved. My suggestion to you: 1. Apply for OPT right now with an effective date after graduation (let's say May 15). You will be able to continue working on an OPT for 12 months right after May 15 if no other work authorizations are still available by then. It takes about 3 months to get your OPT approved. 2. Ask your employer to file for H1B that will be effective from October 1, 2007. Application opens on April 1 (and most likely the 65000 quota will expire before the end of May). If you are going to work for non-profit organization for research or institutions of higher education then this quota doesn't apply to you. You must have at least one 4-yr bachelor's degree completed before you can even apply for H1B. If it's your first degree and you haven't graduated yet, then damn yourself and count on your luck to apply in May. If this is your M.S. degree, then you may be lucky that your additional 20000 quota for 'persons with advanced degree' remains available until June. There are certain paper works (such as formal advertisement, hiring, and labor condition attestation LCA from State Workforce Agency SWA) that needs to be completed before you are able to apply for H1B. Talk with your company lawyer. If they don't have one, be ready to pay by yourself and find a good lawyer. H1B process costs you between 3000 - 6000 depanding on your attorney fee and premium processing. You don't need premium processing in this case. 3. Which employment based category are you in? EB1? EB2? EB3? If you are in EB3, damn the immigration backlog. You can't apply for actual 'green card' (form I-485) for another four years if you start your process now. [process starts with the company filing for labor certification (PERM) and then petition for alien worker ( I-140) upon approval of PERM. If you are on EB1 or EB2 category (you should think ten times to apply in these categories before your graduation). Whatever category you have been looking at, I strongly advise you to go through the steps 1 and 2. Now to your questions, IF YOU ARE ELIGIGLE to file greencard, then 1. what are the forms that needs to be filled? a. Electronic PERM process from your company lawyer (or human resources personnel) b. I-140 for 'petition of alien worker' c. I-485 for 'adjustment of status' d. I-764 for 'work authorization' e. I-693 medical check up report from civil surgeon f. I-131 for 'advance parole' or travel document if you plan to visit home when your greencard application is pending. f. G-325a for 'biographic information' g. G-28 to 'authorize your attorney to talk with uscis on your case' 2. how long does the process take? If you are applying in EB1 Preparation of documents: 3-4 months Whole process completes in 6-8 months after filing date If you are applying in EB2 Preparation for hiring and others: 3-5 months PERM process: 2-3 months I-140 approved in 4-6 months Green card process completes in 6-8 months Whole process: 15-20 months If you are applying in EB3 Preparation for hiring and other documents: 3-5 months PERM process: 2-3 months I-140 approved in 6-8 months Wait for filing green card application: 4 and 1/2 years Green card approved in 10-20 months after filing. Whole process: 5-6 years at current rate. 3. do i have to apply for a temporary work permit first? Sure, you can't work without it. Employment authorization has to be renewed annually until your green card is approved. 4. do i need to graduate before i apply? Can you get a green card just by whinning to USCIS? ...i will be graduating this May.. Congratulations! You are on your way! Any help would greatly be appreciated..thanks Here is my disclaimer: I am not a lawyer by profession and my advice should not be taken as an expert advice. I will not be responsible for any outcome as a result of acting on my above suggestions. Good luck!
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