On OPT can you apply GC directly?? HELP

khushnum

Registered Users (C)
Hi ,
I am on my OPT which expires in April, finding an employer who is ready to sponsor my work permit. I have a question for anyone who can help. Am a licensed PT here in MA. Can i apply for a GC directly or do you need a HiB approval first be4 u apply for a GC.
Will appreciate any advice ......

Thanks
Khushnum
 
There is no such requirement that you have to be on H1B inorder to file GC. They are independent of each other. Remember, that GC is for a future job. Since you mentioned that you are a PT, you could find an employer who would sponsor a Schedule A Labor certification for you. Once you get your labor certified, you can apply for your I-140 and I-485.

Please note that if you dont get your Labor certified and file your I-140/I-485 before your OPT end (April), you would then have to maintain some kind of non-immigrant status to continue to stay in US.
 
thanks catch

would you know how much it would cost me if i were to pay for my H1 first and then for the GC? How long is it taking for one to get an EAD or GC now?

Thanks Khushnum
 
More questiosn

Its me again :) what is a priority date? Since scedule A applicants don't have the labour step, do they have to apply for I/140 or I/485 directly? how long does it take to get an EAD for PT's who have applied for their GC's?

Anyone with any info?
Khushnum
 
You would have to apply for your I-140/I-485 directly since you do not require Labor certification. Priroity Date is the receipt date of your I-140 application. You priority date should be 'Current' for you to adjust status to that of a Permanent Resident and get an immigrant visa number. For more, refer -
http://uscis.gov/graphics/howdoi/immvisa.htm

Currently, priority date is current for Schedule A workers (nurses and PTs). So you can concurrently file your I-140 and I-485/EAD (Employment Authorization Document).

It is illegal to pay for H1. Your employer should take care of it.
 
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Catch, i ment the lawyers fee, is that something that the employer has to pay for too? is the H1 quota over for this year? do Pt's fall within the quota? i was told non-profits don't fall in the quota, but what if my employer is for-profit will i be out of luck for this year?
Thanks a ton for your help.
Khushnum
 
catch_22_4_GC said:
You would have to apply for your I-140/I-485 directly since you do not require Labor certification. Priroity Date is the receipt date of your I-140 application. You priority date should be 'Current' for you to adjust status to that of a Permanent Resident and get an immigrant visa number. For more, refer -
http://uscis.gov/graphics/howdoi/immvisa.htm

Currently, priority date is current for Schedule A workers (nurses and PTs). So you can concurrently file your I-140 and I-485/EAD (Employment Authorization Document).

It is illegal to pay for H1. Your employer should take care of it.
So far as I've know of, PT is not included in Schedule A category, therefore he/she has to go through LC.
 
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