help please

[Hussam 0]

I’m a student here and I have EAD since 2005. I have been working in USA for a year and half. My question is , Can I apply to Green Card now? Is it passable to got green card if you already have EAD and been working for more than year?

Thank you

[Boiler 46,132]

I’m a student here and I have EAD since 2005. I have been working in USA for a year and half. My question is , Can I apply to Green Card now? Is it passable to got green card if you already have EAD and been working for more than year?

Thank you

What is your status?

[Gatorfan 0]

I’m a student here and I have EAD since 2005. I have been working in USA for a year and half. My question is , Can I apply to Green Card now? Is it passable to got green card if you already have EAD and been working for more than year?

Thank you

For the most part these forums deal with family based visa applications. If you are simply trying to convert your J-1 visa or a H1-B visa to a green card, then this may not be the place for you. You may want to try the http://www.immigrationportal.com/

[Vinay 1]

I think you need a sponsor for green card. Check with your employer if they can sponsor you.

[Hussam 0]

Well first thank you for answering my question, let me tell you my status here, I won DV 2005 and I was told that I would receive my green card before the end of 2005. But my number did not come out, so what I got is EAD, and nothing about green card. So I think I lost the green card because my number did not come before the end of the year. So now I’m student with F-1 and have EAD and I did renew the EAD once. so is it passable to me to apply to green card and how

[Kez/JWolf 6]

I think you need to make an infopass appointment at your local office to find out about your status and ask about EAD/Greencard...

You can make an infopass appointment here http://infopass.uscis.gov/

Good luck

Kezzie

[americangirl 0]

For the question of is it possible to apply for a green card after having an EAD for a year: Yes. My husband is on F-1 OPT and we have applied for a new EAD and AOS.

However, you need sponsorship to apply for AOS. Are you married to a USC or LPR? If so, you can absolutely apply for AOS.

If you are not, your best bet would be to try and get H1-B sponsorship. Apply as soon as you possibly can, as the 2006 applications started being accepted April 1, and there are a limited number. You will not get the visa until at least October 1 if you are approved.

However, if you won the DV lottery, you should have a green card now. What do you mean that your number didn't come out?

[Hussam 0]

First thank you very much for answer me , for the question that what did I mean when I said my number did not is , after I won DV-2005 , I did the interview and the officer that time told me that I successfully pass the interview and all what I had to do is wait until they arrive my visa number, however , if they did not arrive my number before the end of the year , I would just got the EAD. And that what happened I just got the EAD without the Visa. Now I’m working as a cashier in Gas Station which is not big job , and I’m student still with F-1, so can I got Green Card if I apply for it? By the way I did renew my EAD once and It was very fast. Also could you explain more about H1- B Sponsorship and where and how can I apply for it ?

Thank you

[faith42 0]

There are a few things to consider:

F-1 is a non-immigrant visa, therefore direct AOS adjustment is not possible.

In order to be eligible for EAD (with F-1) you need to present a case that would show hardship on your and your sponsors part, therefore forcing you to ask for EAD. I understand that your case was different, but I hope that you have notified your designated school official about obtaining your EAD (just to avoid possible problems in the future).

You have not specified which degree you are pursuing, so I am not sure if you have used your OPT option. Many F-1 students choose to complete their OPT after obtaining bachelor's degree and in many cases the company they work for chooses to sponsor them for an H-1 visa. H-1 is a dual intent visa which means that you can apply for AOS while still maintaining your H-1 status. The sponsorship of the H-1 is based on the premises that that no person currently eligible for work in US qualifies (or has applied) for the job you are applying for. It is a lengthy process and in order to change the status in US you must always maintain your F-1 status.

Good luck with the whole process....

[americangirl 0]

I hate to say it, but if you work at a gas station, I'm pretty sure you won't qualify for H1-B - at least while you're holding that job. The H1-B visa is for people with highly skilled jobs for which their employer can prove that they are the most qualified (and therefore should stay in that job rather than a USC). From what I have heard and witnessed, a majority of the people who receive H1-B visas hold jobs in computers and engineering.

As faith42 said, if you are in college or grad school and you are graduating, you can look into getting OPT. It's a 1-year extension of your F-1 visa (comes with an EAD) that gives you an opportunity to get a job that will hopefully sponsor you for H1-B. (Note that in order for your OPT to be valid, you have to have a job in the field you studied in college.)

Just having an EAD doesn't help; you have to have some kind of legal status. Right now you are on F-1 so you are legal, but once you graduate (unless you get OPT) you will not be, regardless of whether or not you have a valid EAD. If you are graduating in a field like computer science, engineering, etc., you will have a good chance of getting an employer to sponsor you for H1-B (you have an even better chance if you got your degree in America; there are H1-Bs set aside for U.S. college grads).

Does that help?

[Hussam 0]

thank you very much to answered

Yes that was very helpful, I just was wounding what is my situation, but do u think they will renew my EAD again when it finish, last time they renewed it very fast. And how long can I keep this EAD with me while I’m still Student

Thank you

[Boiler 46,132]

thank you very much to answered

Yes that was very helpful, I just was wounding what is my situation, but do u think they will renew my EAD again when it finish, last time they renewed it very fast. And how long can I keep this EAD with me while I’m still Student

Thank you

I do not understand how you got it in the first place, it would appear from your posting that you have no basis to file for one?

[faith42 0]

thank you very much to answered

Yes that was very helpful, I just was wounding what is my situation, but do u think they will renew my EAD again when it finish, last time they renewed it very fast. And how long can I keep this EAD with me while I’m still Student

Thank you

I do not understand how you got it in the first place, it would appear from your posting that you have no basis to file for one?

The OP seem to have won one of the DV lottery numbers in '05. He was completing an AOS process and had to wait for his DV number to come up. While his AOS was pending he was entitled to an EAD. It is unclear to me on what basis he received the extension (unless it had to do with the timing of fiscal v. calendar year based on the DV lottery number he received).

[Boiler 46,132]

thank you very much to answered

Yes that was very helpful, I just was wounding what is my situation, but do u think they will renew my EAD again when it finish, last time they renewed it very fast. And how long can I keep this EAD with me while I’m still Student

Thank you

I do not understand how you got it in the first place, it would appear from your posting that you have no basis to file for one?

The OP seem to have won one of the DV lottery numbers in '05. He was completing an AOS process and had to wait for his DV number to come up. While his AOS was pending he was entitled to an EAD. It is unclear to me on what basis he received the extension (unless it had to do with the timing of fiscal v. calendar year based on the DV lottery number he received).

OK, so he was on the reserve list, I did not know that entitled you to an EAD. Looks like somebody made a mistake issues a continuance.

[americangirl 0]

I think you will need to speak with someone at USCIS about this. Make an Infopass appointment. In general, F-1 students are not allowed to hold EADs unless they are on OPT or can demonstrate financial hardship that requires them to have a job. It is probably best to speak to someone who can better understand your situation. You can go ahead and try to renew your EAD, but please be aware that if it works, it will only work for so long until you no longer hold legal status.

I don't understand how the visa lottery can give out EADs but not issue a legal status...maybe because the OP was on F-1 they figured it was okay. But this makes no sense. *mind boggles*