Help pls. Question on EB3 retrogression and F1 visa

[redleaf]

Tell me more about F1 processing?

I would like to seek your wisdom.

A relative of mine is exploring avenues to land on an LPR status in time. He went to the US on B1/B2 visa, Feb06. He said the plan is to apply for F1 after 60 days. He mentioned that according to his cnsultant, he has to undergo Labor Certification etc. This avenue is not so clear to me. Can anyone tell me what would be the anticipated moves behind this. He is a computer software engineer. What do you think are the specific documents involved along this path?

I would appreciate your views and insights. Thank you so much.

Here is the law. There is nothing more concrete than this.

Here is for H holder.
8 CFR 214.2 (h) (13)(i) (B)

(B) When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad. The petitioner shall provide information about the alien's employment, place of residence, and the dates and purposes of any trips to the United States during the period that the alien was required to spend time abroad.


Here is for L holder.
8 CFR 214.2(l)(12) (i)

(i) Limits. An alien who has spent five years in the United States in a specialized knowledge capacity or seven years in the United States in a managerial or executive capacity under section 101(a)(15)(L) and/or (H) of the Act may not be readmitted to the United States under section 101(a)(15)(L) or (H) of the Act unless the alien has resided and been physically present outside the United States, except for brief visits for business or pleasure, for the immediate prior year. Such visits do not interrupt the one year abroad, but do not count towards fulfillment of that requirement. In view of this restriction, a new individual petition may not be approved for an alien who has spent the maximum time period in the United States under section 101(a)(15)(L) and/or (H) of the Act, unless the alien has resided and been physically present outside the United States, except for brief visits for business or pleasure, for the immediate prior year. The petitioner shall provide information about the alien's employment, place of residence, and the dates and purpose of any trips to the United States for the previous year. A consular or Service officer may not grant L classification under a blanket petition to an alien who has spent five years in the United States as a professional with specialized knowledge or seven years in the United States as a manager or executive, unless the alien has met the requirements contained in this paragraph.

 

[GotPR?]

I would like to seek your wisdom.

A relative of mine is exploring avenues to land on an LPR status in time. He went to the US on B1/B2 visa, Feb06. He said the plan is to apply for F1 after 60 days. He mentioned that according to his cnsultant, he has to undergo Labor Certification etc. This avenue is not so clear to me. Can anyone tell me what would be the anticipated moves behind this. He is a computer software engineer. What do you think are the specific documents involved along this path?

I would appreciate your views and insights. Thank you so much.

He needs 3 things to clear. Labor certificate, I-140 and I-485.
LC takes 4 to 6 months including recruitment effort, I140 may take a few months. And then I485 takes 4 months to a few years. So, if everything is going fine, it takes 1 year to 1.5 years, however, today's climate does not look that good. Depending on his country of birth and his education/experience, he may be stuck between I140 and I485 for long time. If he got stuck there, it will be long way to go(a few years at least).

And if he apply for LPR during he is on F1, then , that may be troublesome. Once he filed I140, he may not be able to extend his F1, or he may not be able to travel.

 

[cabal]

Guys, could anyone please give me a concrete answer as to whether my 6 years clock will reset or not if I stay in US on F1 visa for more than an year. Any help will be appreciated.

As far as I understand, you have to physically leave the US before you get a new clock. I am running out of my 6 yr. H-1 this year and am planning to go back to school. Since, I have spent two years studying here and 6 years working and paying taxes to the US, I decided to boycott US schools. I have been admitted to a top school in UK. If things get better, I might come back to the US, if not I can apply for residence in UK which is much easier.