OPT>H1>Green Card

[mnm0710]

Hello all,

So right now I'm on STEM OPT that is good until May 2014. I just got a new job offer and will be changing employers in the coming weeks. This new employer has already written in the offer that they will sponsor for an H1b visa. In fact I believe they have already gotten the LCA approved. We have also talked about applying for a green card as soon as possible because there are government projects that I won't be able to work on in the mean time.

Now at first we were thinking of filing for both H1B and Geen Card at same time (Green Card would be EB-2 ROW). The employer did not want to do both because they didn't want to take a risk on compromising either application since I'm on F1. So obviously they will file the I-129 on April 1st and I'll get the H1b in a few months with an official start date of October 1st (right?). So when would/should the employer start the PERM process?

Thanks!

[t75]

Whenever his attorney advises him to do so. It is NOT YOUR call.

[mnm0710]

I understand that it's not my call. Is there any harm in me learning more about the immigration process? I'm simply asking if there is some non official "rule" that says, okay employer has to wait until employee is under H1 for so long etc before starting Prevailing Wage and PERM.

I think many people get in "trouble" because they don't spend the time and research or actually learning about these processes and they get blindsided by different rules. So I make sure to know everything I can even about processes not in my control.

[t75]

PERM while there are many unemployed USCs and LPRs can be difficult for people with common credentials. While there are no "rules" there are many considerations. There are his corporate policies. These are unique to each situation and therefore there is no good, general answer.

You have to trust your employer to act in his and your best interests. If you do not trust him to do so, you need to find a different employer because this is a long slow process.

[mnm0710]

I understand what you mean. Thanks.

But looking at the fact that I graduated high school and got both my bachelor's and master's degrees in aerospace engineering from arizona state university...don't you think that it would be a little easier? I realize that although I've been here more than 8 years I'm really no different from someone flying in today but still?

I guess it's a bit weirder because I'm an Indian citizen but was not born there nor lived there. I grew up here. But I guess many people are in similar situations.

[t75]

Since you were not born in India, you need to be sure to discuss this with the attorney filing for your GC as that can affect waiting time.

Having both your degees from a US university can help. Be sure you are an engineering intern (FOE test and registered with NCEES) and work towards PE registration.