H1B Quata is full, Married to PM

mazam

Registered Users (C)
1) I am a F1 student married to a GREEN CARD HOLDER on August 12th 2005. Is there anything I can do to stay in USA legally through my marriage? Can I get a work permit? My wife got her permanent residency in 2002 which means she still have several years before she can apply for Citizenship?

2) I know I can file for I130 (which I will doing soon), but does I130 allows me to stay in US legally?

3) I will be graduating in december 2005 and my OPT (1 year) will start after my graduation. I am getting lot of job offers, is that possible that I can file for H1 ASAP after getting a job offer and recieve a reciept saying that my H1 is in process.

4) If suppose that I did not get H1B and my OPT expires then can I still stay in US legally on the basis of my I130?

5) If suppose that I did not get H1B and my OPT expires then can I still stay in US legally on the basis of my H1B reciept?

6) I have just found out that H1B Quatas for the year 2006 is already filed. What can I do now? Althought my University has offered me the Job so I can work for them and get H1B in less time since Universities are not bound to the Quata System.
 
mazam said:
1) I am a F1 student married to a GREEN CARD HOLDER on August 12th 2005. Is there anything I can do to stay in USA legally through my marriage? Can I get a work permit?
No, I-130 does not give you any benefits. You have to apply for I-485 to get an EAD.

My wife got her permanent residency in 2002 which means she still have several years before she can apply for Citizenship?
Yeah... 5 years. That means she can apply for citizenship in 2007 provided she meets all requirements

2) I know I can file for I130 (which I will doing soon), but does I130 allows me to stay in US legally?
No. I-130 only establishes a relationship and does not offer any benefits. You need to have a valid visa to stay here legally

3) I will be graduating in december 2005 and my OPT (1 year) will start after my graduation. I am getting lot of job offers, is that possible that I can file for H1 ASAP after getting a job offer and recieve a reciept saying that my H1 is in process.
Yes, you could get a H1 processed as this is the most comfortable way to spend your time legally till your PD becomes current and I-130 gets approved.


4) If suppose that I did not get H1B and my OPT expires then can I still stay in US legally on the basis of my I130?
No.

5) If suppose that I did not get H1B and my OPT expires then can I still stay in US legally on the basis of my H1B reciept?
No. You need an approved H1 to be in legal status

6) I have just found out that H1B Quatas for the year 2006 is already filed. What can I do now? Althought my University has offered me the Job so I can work for them and get H1B in less time since Universities are not bound to the Quata System.
Its fine as long as you work and live here on a valid visa. Your university will not give you a job if you are out of status. Talk to your university to see what they can do for you.
 
F1 To H1 With 20000 Exempt

Hi! All,

I'm Working On My Final Project For My Master's Completion.all The Courses Are Completed And The Only Thing That Is Left Is The Project Submission.i Have Got A Job And Have Started Working. Can I Get My H1 In The Exempt 20000 Quota For Persons Who Do Their Master's Or Higher In U.s.?? Am I Eligible For The Quota Even Thogh I Have'nt Received My Master's Yet??

Thanks.
 
mr_macin said:
Hi! All,

I'm Working On My Final Project For My Master's Completion.all The Courses Are Completed And The Only Thing That Is Left Is The Project Submission.i Have Got A Job And Have Started Working. Can I Get My H1 In The Exempt 20000 Quota For Persons Who Do Their Master's Or Higher In U.s.?? Am I Eligible For The Quota Even Thogh I Have'nt Received My Master's Yet??

Thanks.

Pls post this question in the H1 forum.
thanks
 
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