Expected to be F-1 student, I-140 filing?

[quianzien90 0]

Hello members,

First of all, thank you for reading and answering my concern. I am really appreciated.

I live in China and I am planning to come to the US on F-1, the student visa. I was told from someone that, if I find a sponsor, I can file for I-140 after labor certification approval while I am on F-1.

I think this makes sense as I-140 is for future employment (the sponsor is giving me a GC so that I can work for them, not making me to start working before I get my GC).

(1) But what if my visa number is unavailable by the time I graduate from college? Let's say I start school in August 2012 and filed I-140 in September 2012. And will graduate in August 2016. What if my I-140 is got approved but the visa number is unavailable? Can I return home after graduation and wait for the visa number to be available in China? I know I can go through the consular processing but would my I-140 and PD still be valid?

(2) What about the major I choose in US college? Does it matter if my I-140 is filed for totally different field? (let's say I major in physics and I filed as a restaurant manager, I guess EB-3 others?)

(3) Let's say my visa number became available. And an interview scheduled in a few days. Will the consular ask me whether I will work for them if I return to the US? What if I don't want to? What if I just want to find another job after I get the green card?

(4) In case my visa number becomes available, how can I travel to the US until I get the actual GC?

THANK YOU A LOT!!!

Edited July 13, 2011 by quianzien90

[Harsh_77 718]

Here are the couple things, your example you said you enroll in school in Aug 2012 but file for GC in September 2012, which employer is going to file for your GC even before you graduate(2016)?

No employer will file for GC directly from F1 you need to get H1 once you have H1 your employer might or might not file for GC, lately lot of employers are not filing for GC as its an added cost to them.

[quianzien90 0]

Here are the couple things, your example you said you enroll in school in Aug 2012 but file for GC in September 2012, which employer is going to file for your GC even before you graduate(2016)?

No employer will file for GC directly from F1 you need to get H1 once you have H1 your employer might or might not file for GC, lately lot of employers are not filing for GC as its an added cost to them.

Thank you Harsh_77 for the prompt response.

I understand that GC filing is an additional cost for an employer. But I think the employer can file I-140 as EB3 others (unskilled workers), although I do not have graduated from college, can't he?

But what if I found an employer who is willing to file for GC? I would like to knows the answers for the questions (1),(2),(3). Because I just have no idea.

Thank you for answering!

[Harsh_77 718]

Thank you Harsh_77 for the prompt response.

I understand that GC filing is an additional cost for an employer. But I think the employer can file I-140 as EB3 others (unskilled workers), although I do not have graduated from college, can't he?

But what if I found an employer who is willing to file for GC? I would like to knows the answers for the questions (1),(2),(3). Because I just have no idea.

Thank you for answering!

I think you are thinking too much far in advance, unless you have something already setup where you would be entering on F1 just for the purpose of entering and then you have some employer filing for your GC.

[quianzien90 0]

I think you are thinking too much far in advance, unless you have something already setup where you would be entering on F1 just for the purpose of entering and then you have some employer filing for your GC.

Thank you again, Harsh_77!

I am asking specific questions because a friend of my friend was able to get the GC as I mentioned in my question.

You might ask then why don't you ask that person. My friend only know what I mentioned and he doesn't know the contact to that GC person anymore.

Do you have any idea?

Do you think my strategy will work? Because I know couple of Chinese employers in the US who are willing to file for GC.

Thank you!!!!!!

[fromtheotherside 0]

Let me start by stating that I am not an attorney, just someone familiar with the process, and willing to help. You can't file an I-140 while in school on an F-1. If you can, in 10 yrs. I've never come across that situation. What you can do is:

1. Come to the U.S. for school on an F-1 visa

2. Find a position with an employer that is relevant to the field/degree you are pursuing at a university

3. get permission to work on your F-1 through your school by obtaining OPT status & then begin working, even if only part-time

4. In January before graduation discuss a permanent position with this employer and requests that the employer apply for an H-1B visa for you, on April 1 of that year (when the new H-1's become available, if they were already used up for the fiscal year)

5. If your employer is willing, you should then go through the H-1B application process with the employer, usually with the help of their attorney.

6. You can begin working full-time as an F-1, and on October 1 (if no H-1B visa is available sooner) you will automatically change status to H-1B, assuming the petition is approved.

7. Once in H-1B status, the next step is to file a PERM Labor Certification application with the DOL. Some employers require you work for them for a few months, some even a year, before they will pay for this. This is normal and OK, and will not mess up your route to a green card.

8. Upon filing and eventual approval of the PERM (this whole process from start to finish can take more than a year), you will be eligible to file Form I-140.

9. Once your PERM & I-140 are approved, you can extend your H-1B visa over and over, beyond the 6 year maximum for non immigrants (someone who didn't do the above)

10. Assuming you will be EB3 or even EB2, you will then need to wait a very long time for your priority date (PD, which is the date your PERM is filed) to become "current" and then file Form I-485, Adjustment of status. An approved I-485 means GREEN CARD!

Please note this is a slow process. All EB3 applications are back-logged and Chinese & Indian EB2 applications as well, some as many as 9 years. Just be patient, and cooperative and everything will be fine