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carry me

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Hi guys,

I am currently on Optional Practical Traning after finishing my degree. My comapny is filing for my Permanent Residence (now working on submitting PERM). Since I have an advanced degree from a US institute and if I am correct, I expect to receive my Advanced Parole in no later than 6 months, hopefully.

Here is the problem. My girlfriend is currently outside the US. She has been admitted to a top-tier US university and is supposed to enter the US in Summer with an F-1 visa. We are planning to get married and I am considering the most efficient way to get our green cards as soon as possible.

Here are the different scenarios that I can think of:

1) I go ahead and file for my status adjustment as soon as I can. She arrives and we get married. It seems that I will receive my Advanced Parole in 6 months, but how about hers? Will it take her several years to get hers or will she get hers almost at the same time as mine?

2) I hold for a few more months after I receive my Labor Certification. We get married and then file for a status adjustment together. How long this one will take?

How realistic is the 2nc scenario? What are you suggestions?
Thank you all in advance.
 
carry me said:
Hi guys,

I am currently on Optional Practical Traning after finishing my degree. My comapny is filing for my Permanent Residence (now working on submitting PERM). Since I have an advanced degree from a US institute and if I am correct, I expect to receive my Advanced Parole in no later than 6 months, hopefully.

Here is the problem. My girlfriend is currently outside the US. She has been admitted to a top-tier US university and is supposed to enter the US in Summer with an F-1 visa. We are planning to get married and I am considering the most efficient way to get our green cards as soon as possible.

Here are the different scenarios that I can think of:

1) I go ahead and file for my status adjustment as soon as I can. She arrives and we get married. It seems that I will receive my Advanced Parole in 6 months, but how about hers? Will it take her several years to get hers or will she get hers almost at the same time as mine?
Almost the same time as yours if she applies AOS at the same time
2) I hold for a few more months after I receive my Labor Certification. We get married and then file for a status adjustment together. How long this one will take?
This is safer as you don't get AOS approved before marriage happens. However, you have to remember you have to file I-140 within 180 days after LC approval.
How realistic is the 2nc scenario? What are you suggestions?

By the way, having advanced degree alone does not allow you to file for EB2. Your job duty in I-140 must be qualified for EB2.
Thank you all in advance.
Click to expand...
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Thank you for your prompt response.

Just to make sure that I understand how it works:

1) We file the PERM and if my EB2 is approved, it may take between 40 to 60 days to receive the Labor Certification.

2) My employer files I-145 on my behalf and within 180 days after Labor Certification is approved. How long does this process take?

3) Then I have to file for Adjustment of Status and by this time we should be married and file together. How long after the filing of I-145 can we file for Adjustment of Status? How long does it take after this to receive our Advance Parole?

By the way,

i) How can I make sure that I am qualified for EB2? Does it depend on my job title?

ii) If my job title usually requires a BS, can we advertise it with an MS requirement?

iii) Where can I find the Prevailing Wage for my job title and make sure that I am being paid enough?

I really appreciate your comments.
 
If your job normally requires a BS, you won't be approved for EB2. The only way would be if your job title & duties are in line with jobs normally requiring MS.

What chargeable area are you from? Hopefully not China or India, as these categories do not have current PD, and would thus delay your ability to file I-485 once the I-140 is approved.

http://travel.state.gov/visa/frvi/bulletin/bulletin_3953.html
 
boatbod said:
If your job normally requires a BS, you won't be approved for EB2. The only way would be if your job title & duties are in line with jobs normally requiring MS.

What chargeable area are you from? Hopefully not China or India, as these categories do not have current PD, and would thus delay your ability to file I-485 once the I-140 is approved.

http://travel.state.gov/visa/frvi/bulletin/bulletin_3953.html
Click to expand...

I'm from the rest of the world. Is there a way to find out the degree requirement for a specific job title?
 
carry me said:
I'm from the rest of the world. Is there a way to find out the degree requirement for a specific job title?
Click to expand...

It varies based on your employers' requirements, and what job code DOL considers it. Does everyone in that position have a Master's degree, or a Bachelor's + five years' progressive experience?
 
carry me said:
Thank you for your prompt response.

Just to make sure that I understand how it works:

1) We file the PERM and if my EB2 is approved, it may take between 40 to 60 days to receive the Labor Certification.

2) My employer files I-145 on my behalf and within 180 days after Labor Certification is approved. How long does this process take?
I-140 probably takes 2, 3 months at the longest.
3) Then I have to file for Adjustment of Status and by this time we should be married and file together. How long after the filing of I-145 can we file for Adjustment of Status? How long does it take after this to receive our Advance Parole?
I believe there is no time limit set for I-140 validity.
AP will come within 2 months after I485 filing.
Click to expand...
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I think your girlfriend's plan to enter on an F-1 visa may become an issue, if she plan to apply for AOS after her entry. An F-1 visa requires nonimmigrant intent.
 
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TheRealCanadian said:
It varies based on your employers' requirements, and what job code DOL considers it. Does everyone in that position have a Master's degree, or a Bachelor's + five years' progressive experience?
Click to expand...

Where can I get these job codes and their corresponding Prevailing Wages?
 
You may want to ask this question in the employment based forums to get more specific advice (all your questions are EB immigration related, even your wife's immigration because she has derivative benefits from EB immigration).

You can try this Department of Labor site, and there's also an Online Wage Library there. Back in the old school days when I did my first H-1B, I also found prevailing wage information in employment surveys for your MSA available at public libraries. But to be safe, we ended up inquiring by fax with our SESA. I believe this is an online inquiry nowadays (with DOL?).
 
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