d1jey1 said:
First of all thanks for the reply, it was very helpful
OPT - Optional Practical Training.. (for F1-student to work after graduate)
So first of all.. you were saying that while waiting to be sponsored, I will have NO right to even live in US legally, let alone work.
You did say that you don't really know about H1 process... but can someone tell me if there's any disadvantage/advantage or even if I'm allowed to take the h1-route (then maybe in future company-applied GC) along - in conjuction with "immigration through family member." route?
So Chills, you were saying for "immigration through family member." , it's better for me to wait for my parents get their citizen then apply for me. You said that's the faster route right...? do you have any estimation bout how long that's gonna be?
How bout applying both (apply now when they were GC, then apply again when they got their citizenship).. is it good idea? or am I allowed?
I will still take the employer-sponsort h1 then GC route. Like you said it's smother and faster... and I'm just wondering if I should also do "immigration through family member" route meanwhile as my back up (maybe)... just in case company close down or something.
I don't know if I can take any advantage of my GC parents status...
That's why I'm hoping input from you guys...
You're being very helpful... thanks a lot
Just how long is a person allowed to work with Optional Practical Training?
To answer your other questions, yes you will have no right to work. An i-130 petition grants you no rights. It's only untill you have a visa number available and have filed the i-485 (adjustment of status) document filed are you granted certain rights. So, you'd have to maintain some kind of visa status to be able to stay here while waiting for the i-130 in order for you not to go into "unlawful presence status." Being unlawfully present is brutal to you if you want to travel when you've finally been given a chance to file adjustment of status and travel permit. Unlawfully present for 1-3 years and traveling abroad means a likelyhood of being banned from re-entering the country for 1-5 years; being unlawfully present for more than 3 years and traveling abroad would mean that you'd face the likelyhood of being banned from re-entering the US for 10 years. So if you're thinking that you'd like to travel when you're able to file for an advance parole, waiting for your i-485 to be processed, you should look into a way of staying legal.
The thing with being unlawfully present is that you may be able to get a waiver by paying a fine, that's if your parents filed a petition and you became unlawfully present and now want to adjust your status. They may let you adjust status with a small fine, or they may not even bring it up. It's really arbitrary, I think.
I'm not 100% sure about if you're able to file seperate preference level visas simultaneously. Though, I think that ari4u knows a little more about Immigration law than I do, so he may be right in his ascertion than you can. I'd double check if I were you, though.
So Chills, you were saying for "immigration through family member." , it's better for me to wait for my parents get their citizen then apply for me. You said that's the faster route right...? do you have any estimation bout how long that's gonna be?
How bout applying both (apply now when they were GC, then apply again when they got their citizenship).. is it good idea? or am I allowed?
Yeah, your parents can file a petition for you now and then update it (they wouldn't have to file again, all they'd have to do is call USCIS) when they're citizens
To tell you the truth, I don't think that it would make much of a time difference if your parents filed the petition for you now and then updated it when they are us citizens, than if you waited for them to become us citizens and then file for you because the 5 years are going to go by regardless-- you won't get your chance to adjust status under 2b in 5 years, so it's really up to you.
Though, here's the thing.. immigration law changes so much.. who knows? maybe in 5 years there may be a law prohibiting updating a petition when the sponsor changes their status? I'd advise you to first see if you can concurrently go through the process of getting a green card through employment while going through the process of getting a green card though your parents. If you can, do that. I'd say that you should have your parents file for you now, if that's what you want to do, and then make sure that you
remember to remind them to file for naturilization 5 years from the date that they become permenant residents!
According to 2006 standards--things may change in 5 years--, their naturilization could take anywhere from 4 months to 8 months. When they're naturilized, they would have to call USCIS to update your petition to 1st priority--child of us citizen parent-- First priority would cancel or enormously reduce your wait for a visa number to become current. You'd be able to adjust your status within months of them updating your petition. After your petition would be updated and adjustment of status would be filed for you, you'd be looking at a rough estimate of 5-7 months to attain a green card, depending on your district office, and 2 months to attain work and travel permit.
Best of luck to you.
