bhssss Posted February 5, 2013 Report Share Posted February 5, 2013 I am on F1 VISA, can my employer apply for PERM while I am OPT-EAD? Link to comment
Attorney_22 Posted February 5, 2013 Report Share Posted February 5, 2013 Technically, yes since the PERM process is for a future position. However depending on your future travel and employment/study plans the best way to proceed includes first speaking directly with an experienced U.S. immigration attorney. Link to comment
venky144 Posted February 5, 2013 Report Share Posted February 5, 2013 the perm process takes lot of time....but the thing u need to remember is while on opt ur in non immigrant visa and ur applying for immigrant application... the perm process in the current situation without considering isquared act becoming possibility....time it take is approx 4-6 years.. so ur opt and opt extn expires in total of 29 months....what status do u work after thjat....iu need to file h1 for that... so better path is to first take care abt h1 and then worry abt gc.....legally and theoritically, u can apply for perm/gc Link to comment
bhssss Posted February 5, 2013 Author Report Share Posted February 5, 2013 Appreciate your replies! I am on F1 VISA and OPT-EAD. If I get my PERM applied now it might get approved in an year or so. After my F1 VISA expires I will get my H1 VISA sponsored from same employer who has applied for my PERM. Will the change of VISA status from F1 to H1 effect my GC process? Link to comment
Attorney_25 Posted February 6, 2013 Report Share Posted February 6, 2013 Will the change of VISA status from F1 to H1 effect my GC process? No. I am assuming the H-1B position will be the same as the GC position. If not, this could raise an issue. A qualified attorney would help to make this process smooth for you. Link to comment
bhssss Posted February 6, 2013 Author Report Share Posted February 6, 2013 No. I am assuming the H-1B position will be the same as the GC position. If not, this could raise an issue. A qualified attorney would help to make this process smooth for you. If my H1-B is sponsored by a different employer from the one who applied my PERM. If my new employer again applies my PERM and it gets approved, can my next employer be able to port the priority date? Link to comment
Attorney_25 Posted February 6, 2013 Report Share Posted February 6, 2013 If my H1-B is sponsored by a different employer from the one who applied my PERM. If my new employer again applies my PERM and it gets approved, can my next employer be able to port the priority date? This depends on whether the priority date is preserved with a proper I-140 approval. Link to comment
bhssss Posted February 7, 2013 Author Report Share Posted February 7, 2013 This depends on whether the priority date is preserved with a proper I-140 approval. First I would like to thank you for all your replies, but recently I am hearing that PERM & I-140 approved when your are in F1 status cannot be used in H1 status. Your replies prove that I am wrong. If you hear something of these recent changes let me know. Link to comment
Attorney_25 Posted February 7, 2013 Report Share Posted February 7, 2013 First I would like to thank you for all your replies, but recently I am hearing that PERM & I-140 approved when your are in F1 status cannot be used in H1 status. Your replies prove that I am wrong. If you hear something of these recent changes let me know. It's not true. The only issue is if the position (general job duties) in the PERM and I-140 is no longer available to you. Link to comment
bhssss Posted February 8, 2013 Author Report Share Posted February 8, 2013 It's not true. The only issue is if the position (general job duties) in the PERM and I-140 is no longer available to you. Thanks for all your posts.....It really helped me a lot to understand how this works..... Link to comment
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