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F-1 to labor to green card w/o doing H-1

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  • F-1 to labor to green card w/o doing H-1

    Hi I have a quick question if you can help me out that will be great.

    I graduated last year and found a good job, I was on opt which expired in may and that company didn't apply for my H1b. Now I found another job offer and they agreed for sponsorship. My question is I am on f-1, can I apply for labor now and then apply for green card instead of waiting till April for h-1b to get approved and then apply for GC?? Or I have to have h-1b first to apply for labor and then green card??

    Additional info: I am on F-1 and is eligible for EB3 under ROW. Which is as of September 2013 bulletin is jul 2010 date.

  • #2
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    • #3
      There are several questions that come to mind. If your OPT expired in May 2013, what is your current immigration status or have you left the US?

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      • #4
        In answer to your questions, the Labor Certification application (PERM) is only the first step in the 3 step employment based green card process. You do not have to have an underlying visa status such as H-1 in order for an employer to sponsor a PERM application on your behalf, however you can not work without an underlying visa status. Additionally, most employers are not willing to file a PERM application on behalf of someone that does not work for them because the process is lengthy and expensive. The employer will have to recruit for the position and prove to the US Department of Labor that they can not find a qualified US worker to take the position. Running a Sunday ad in a newspaper of general circulation (one of the requirements for PERM) costs an employer usually around $1000. After the first step in the green card process (PERM) is approved (which could take several months or longer if the case is selected for audit- which at least 40% are), then the employer has to file the second step- the immigrant visa petition (form I-140). Then, the third step can be filed by you. If you are in the US, it's an adjustment of status application. With that, you can request employment and travel authorization. However, without an underlying visa status such as H-1 you would not be able to work for the company during the first and second steps in the green card process and during at least the first 3 months of the 3rd and final step of the green card process. I would recommend that the employer sponsor you for the H-1 so that you can work for the employer in the US while they sponsor you for the employment based green card- a 3 step process.

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        • #5
          Also, you can't file the 3rd and final step in the employment-based green card process until your priority date is current so it could be several years that you would have to wait. If you wanted to wait in the US, then you would need an underlying visa status permitting you to do so.

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