[Show all top banners]

OhYeah
Replies to this thread:

More by OhYeah
What people are reading
Subscribers
:: Subscribe
Back to: Immigration Refresh page to view new replies
 H1B and Gren Card
[VIEWED 8295 TIMES]
SAVE! for ease of future access.
Posted on 08-07-11 1:16 PM     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Hi guys,
I hope you will answer my question. I have been working in an non profit organization and my employer is very positive in filing H1B. currently, I have two options.

1. Work on OPT and extend it to another 17 months when it gets close to the expiry date and then apply for H1B.
2. Apply for H1B immediately.

For the second option, as initial H1B is valid for 3 years is similar as being in extended OPT  in total of 29 months as I just started job. My concern is if I apply for H1B now, is it possible to apply H1b and concurrently file for GC? I just want to know how long we should wait to apply for GC if we get approved for H1B?Is it a good idea to apply concurrently if my employer agrees? I know converting status from non-immigrant(F1) into immigrant status( GC) without spending few years in H1b might seem odd.  I am just exploring the options and looking at the big pictures. In addition, OPT work permit is more flexible than  H1B visa itself if considering just to work for 2-3 years.
What would you guys say about applying H1B and GC concurrently? Would that work?If not, then how long someone has to be in H1 before applying for GC? I hope answer of  this question might help somebody else who is in same boat.

Thanks again!!
Last edited: 07-Aug-11 04:23 PM

 
Posted on 08-07-11 1:47 PM     [Snapshot: 37]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

 Don't step backwards my friend. If your ultimate goal is to stay in US, why do you want to work in OPT instead of filing H1B. If your employer is ready to file H1B and will not fire you soon, its better go for it. Its better you file GC within a year or so after H1B. 

Good Luck!!!

 
Posted on 08-07-11 3:58 PM     [Snapshot: 145]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Your employer can file for green card without filing for h1-b. If you have master's degree and your job requires a master's degree you can file green card and you might get your green card within your opt extension timeframe(17 months). Labor approval are usually quick these days. or you can process both h1-b and green card simultanously. if you want to do both together, the best thing is to start your labor for green card first and then process h1b because you have to wait at least  2 months after advertising before filing labor during which you can file your h1-b. 

if you qualify under eb-2 category, i believe the best would be to file green card straight.

but if you have only bachelor's, the best thing is to go to h1-b and process green card.

hope this information helps. let me know if you have any questions.


 
Posted on 08-07-11 4:45 PM     [Snapshot: 183]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Thank you Jangali Maanab and grad_school for quick and helpful information. Yes, I do have Master's degree in CS, but the job did not specifically require MS; just Bachelor's and some job related tools/programming languages so I am not sure if I qualify for EB2 or for direct GC filing. I would definitely research on it and talk to employer. Looks like filing for H1B and waiting 1 year or so would be a better option as I was prepared even to work in OPT for 29 months.  I would greatly appreciate if you guys have more info to share.
Thanks again my friends.
HAPPY FRIENDSHIP DAY!!!!

 
Posted on 08-07-11 4:59 PM     [Snapshot: 212]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Why would you want to work for a year on h1b is it because of the intent of visa? I know tons of friends who got greencard when they started greencard processing when they were F1. 1 year delay in filing right now means you will get your gc 1 yr later atleast, and with the amount of time it takes for eb3 you wouldn't want to delay at all.
 
Posted on 08-07-11 5:11 PM     [Snapshot: 227]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Thanks Anon. I don't want to wait at all. I wanted to file GC w/o applying for H1B as I will have OPT going to continuously work while the process is pending,but I may not qualify for direct GC filing or Eb2 catagory(as job required BS degree).  I said I will wait 1 year or so because I don't know how long I have to wait to apply for GC after having H1B approved? I will ask to apply for GC if I don't have to wait once I get my H1b approved. Thanks a lot. You guys have been so helpful..happy sajha user :) !!!

 
Posted on 08-07-11 5:17 PM     [Snapshot: 230]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Guys, does filing under EB2 specifically have to say Master's degree in the job descriptions? Sorry to repeat  I have MS degree but job required BS degree only when I applied so I am little confused. As always,thanks for your input.


 
Posted on 08-07-11 8:04 PM     [Snapshot: 343]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

I am not sure how relevant it is for you guys...

On July 29, 2011, the Department of Labor (DOL) announced that the Office of Foreign Labor Certification (OFLC) National Prevailing Wage Center has temporarily suspended processing of prevailing wage determinations, redeterminations, and Center Director Reviews. Prevailing wage determinations must be filed in connection with all labor certification applications (PERM) for permanent resident status and H-2B seasonal temporary workers, and, in a few instances, H-1B specialty occupation petitions. Delays in processing prevailing wage requests may affect the processing times for these types of cases.
Background
The reason for the delay is to comply with a court order issued by the U.S. District Court for the Eastern District of Pennsylvania that stems from the August 30, 2010 decision in CATA v. Solis. To comply with the court’s initial ruling in CATA v. Solis, DOL issued revised prevailing wage regulations (Wage Rule) on January 18, 2011.1  However, the new rule only applied to wages paid for work performed on or after January 1, 2012. This year-long delay in implementing the new Wage Rule would require the continued payment of a lower, invalid wage to H-2B workers. Therefore, a court order was issued on June 15, 2011, giving DOL 45 days to announce a new effective date of the Wage Rule. On August 1, 2011, DOL published a final rule setting an effective date of September 30, 2011 for the Wage Rule. DOL is now in the process of reissuing certain H-2B prevailing wage determinations to comply with a court order. All OFLC National Prevailing Wage Center resources are currently being utilized to comply with this order.
Effect on Pending and To-Be-Filed Prevailing Wage Requests
The scope and duration of the delays is uncertain at this time. Processing of pending prevailing wage requests will resume as soon as full compliance with the court order has been completed. DOL is also encouraging requestors to continue to file new prevailing wage requests during this suspension period.

 
Posted on 08-09-11 1:06 PM     [Snapshot: 486]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

@sit_down_clown  Can you please provide the source of this information?

 
Posted on 08-09-11 5:23 PM     [Snapshot: 571]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 
 
Posted on 08-09-11 5:43 PM     [Snapshot: 596]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

 Hi, I am planning to file file green card within few months. I think green card filing category for me is EB3 since my job has BS degree requirement only even I have MS degree. 

Do you guys have any idea how long it normally takes in average to get green card after filing?

Thanks,
R

 
Posted on 08-09-11 5:55 PM     [Snapshot: 606]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

@notintersted First of all you are under wrong impression I guess about your job and Green Card. GC is for future job and not your current job. If your employer wants, your future job for which the GC would be filed to. It could be job with  bachelors requirement or it could be job with Masters degree requirement. Just FYI. You can clear that asking your employer.

Secondly, waiting time for EB2 is 0 , means that when you are ready to file your I140 , you can file immediately. For EB3 , as you can see in visa bulletin ( google "Visa Bulletin <current month>" for example click www.google.com/search you will see http://travel.state.gov/visa/bulletin/bulletin_5518.html ) and in "All Charge-ability Areas Except Those Listed"   you will see on "3rd"  the date is like 01Nov05 means currently they are processing  applications of Nov 2005.  "If"  they continue to process on same rate, and you file your GC now, it'd take like 6 yrs.  But this processing time may speed up so you need to keep checking visa bulletin.

Sugestion: Find an employer that does EB2.

for people from India and China EB2 itself takes 4-5 years or more.

Hope that helps.

 
Posted on 08-09-11 6:28 PM     [Snapshot: 666]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

Thanks  birey that helped a lot.  Will it make any difference working for no-profit organizations like education institution? How long it will take to get EAD for H4 dependent?

Thanks!

 
Posted on 08-09-11 6:43 PM     [Snapshot: 694]     Reply [Subscribe]
Login in to Rate this Post:     0       ?    
 

I dont know much about non profit organization jobs.

If you are married and you file GC  you and your wife would get EAD same time I heard. You get EAD after your I140 is approved I think.

For finding how much time it takes for PERM processing (Step 1 ) , I140 ( step 2 ) or I485 ( Step 3) you can find that in

http://www.trackitt.com/

There are so many factors and it is not certain about time it takes even all factors are same. But the link above, you can find how much it took for other people.




 


Please Log in! to be able to reply! If you don't have a login, please register here.

YOU CAN ALSO



IN ORDER TO POST!




Within last 365 days
Recommended Popular Threads Controvertial Threads
श्राद्द
TPS Re-registration
सेक्सी कविता - पार्ट २
What are your first memories of when Nepal Television Began?
पाप न साप घोप्टो पारि थाप !!
पुलिसनी संग - आज शनिवार - अन्तिम भाग
निगुरो थाहा छ ??
ChatSansar.com Naya Nepal Chat
Lets play Antakshari...........
What Happened to Dual Citizenship Bill
Basnet or Basnyat ??
Sajha has turned into MAGATs nest
NRN card pros and cons?
मेरो अम्रिका यात्रा -२
Do nepalese really need TPS?
कता जादै छ नेपाली समाज ??
susta manasthiti lai ke bhanchan english ma?
कृष्ण नै अन्तिम सत्य
पुलिसनी संग - आज शुक्रवार - भाग २
Will MAGA really start shooting people?
Nas and The Bokas: Coming to a Night Club near you
राजदरबार हत्या काण्ड बारे....
Mr. Dipak Gyawali-ji Talk is Cheap. US sends $ 200 million to Nepal every year.
Harvard Nepali Students Association Blame Israel for hamas terrorist attacks
TPS Update : Jajarkot earthquake
is Rato Bangala school cheating?
NOTE: The opinions here represent the opinions of the individual posters, and not of Sajha.com. It is not possible for sajha.com to monitor all the postings, since sajha.com merely seeks to provide a cyber location for discussing ideas and concerns related to Nepal and the Nepalis. Please send an email to admin@sajha.com using a valid email address if you want any posting to be considered for deletion. Your request will be handled on a one to one basis. Sajha.com is a service please don't abuse it. - Thanks.

Sajha.com Privacy Policy

Like us in Facebook!

↑ Back to Top
free counters