Question: H1B -> Green Card

[darko]

Hello, I got quite a few questions here:

I came to the US 4 years ago. Got my BS in Computer Science here at the university. Worked on OPT at the university and now got full time job at the university and my H1B was just approved. (took 2 months)

My question is: what are my chances of getting a green card? Am I qualified to apply for it?

My qualifications:
-US Computer Science Degree
-3 year work experience (SQL Databases, ASP, HTML/CSS/JavaScript, System Admin)
-my nationality=Russia

Job requires bachelors in Computer Science or related field and 3 years of work experience.

I have several questions:
My first question is: Am I qualified to apply?
Second question: What will be employer's responsibilities? They won't be stuck to me, right? (When I explain them everything I want them to be assured that they will still have full freedom as far as my position is concerned).

Third question: I know the process approximately (you have to get Labor certification, then apply for permanent residence and once it gets approved, actually wait for it). What if at some point im refused? Will that jeopardize my H1 status?

I understand my application for perm. residence can be turned down. What could be the main reasons for that and what are my chances in your opinion?

If I quit my job (or get layed off for eg) after I am already approved for permanent residence, what happens?

Another thing I am wondering is whether applying for permanent residence will jeopardize my ability to change my status from H1B to F1 (in the USA) in future? Because if I apply for permanent residence I will show immigration intent: will that basically reduce chances of changing status to F1 to null?

I am working on my masters now (part time in the evenings). Would you rather wait for 2 years and get the masters and then apply for green card?

I know that's a lot of questions, but I want to be very careful with this decision and if you could answer what you can I would be grateful.

Thanks.

[darko]

Anyone?

[Cosmopol]

Hope you understand that long, less than specific questions, that begin with basics and ask, in a way, about everything at the same time, are not the first candidates to be answered quickly... Let me start with brief coments that I hope will be of some help:

I came to the US 4 years ago. Got my BS in Computer Science here at the university. Worked on OPT at the university and now got full time job at the university and my H1B was just approved. (took 2 months)

My question is: what are my chances of getting a green card? Am I qualified to apply for it?

My qualifications:
-US Computer Science Degree
-3 year work experience (SQL Databases, ASP, HTML/CSS/JavaScript, System Admin)
-my nationality=Russia

Job requires bachelors in Computer Science or related field and 3 years of work experience.

I have several questions:
My first question is: Am I qualified to apply?

Yes, you are qualified to apply, generally speaking. This category is very broad, and almost all that matters is a serious backing by employer - the rest is lawyers' job; hopefully your sponsor will be sensible enough to hire one (or a firm).

Second question: What will be employer's responsibilities? They won't be stuck to me, right? (When I explain them everything I want them to be assured that they will still have full freedom as far as my position is concerned).

By filing the petition on your behalf they basically indicate that they intend to employ you indefinitely on permanent basis, i.e. they do not foresee the end to your stay with them. That doesn't preclude either you or them from walking away if circumstances change. Of course, that terminates the application immediately, no matter what stage it's in (before the status is adjusted).

Third question: I know the process approximately (you have to get Labor certification, then apply for permanent residence and once it gets approved, actually wait for it). What if at some point im refused? Will that jeopardize my H1 status?

It depends on what is the reason for refusal. If your employer is caught falsifying information and you are part of it, you may lose the privileges for any immigration benefit, if the reason is a minor technicality, it shouldn't affect your current status.

I understand my application for perm. residence can be turned down. What could be the main reasons for that and what are my chances in your opinion?

It's too individual, and would be ungrateful to try and predict. Depends both on you, the employer, the labor market conditions, and other such.

If I quit my job (or get layed off for eg) after I am already approved for permanent residence, what happens?

Once your status is adjusted, I don't think there is a condition attached. I wouldn't volunteer a view as to where exactly the system draws a line in practice.

Another thing I am wondering is whether applying for permanent residence will jeopardize my ability to change my status from H1B to F1 (in the USA) in future? Because if I apply for permanent residence I will show immigration intent: will that basically reduce chances of changing status to F1 to null?

It shouldn't reduce it to null, because you are already in the country, and if you never broke any laws, and at some point (after showing your immigrant intent) actually depart and stop by a U.S. embassy, you demonstrate your compliance this way. Of course, there are better officers and worse, but it's a permanent risk, as with any non-immigrant U.S. visa app.

I am working on my masters now (part time in the evenings). Would you rather wait for 2 years and get the masters and then apply for green card?

Must be a personal decision. For some people 1 green card is worth 10 masters', and for some - it's the opposite.

Hope you'll find your way through this.

[darko]

Cosmopol: Thank you very much for your help:). I want to clarify few things though:

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Another thing I am wondering is whether applying for permanent residence will jeopardize my ability to change my status from H1B to F1 (in the USA) in future? Because if I apply for permanent residence I will show immigration intent: will that basically reduce chances of changing status to F1 to null?

----------
It shouldn't reduce it to null, because you are already in the country, and if you never broke any laws, and at some point (after showing your immigrant intent) actually depart and stop by a U.S. embassy, you demonstrate your compliance this way. Of course, there are better officers and worse, but it's a permanent risk, as with any non-immigrant U.S. visa app.
------------------

I am talking about changing my status from H-1 (after applying for green card, being layed off, and withdrawing my GC application). But I am talking about changing status to F-1 in the USA.

What do you think?



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darko wrote:
I am working on my masters now (part time in the evenings). Would you rather wait for 2 years and get the masters and then apply for green card?
---------
Must be a personal decision. For some people 1 green card is worth 10 masters', and for some - it's the opposite.
-----------------------


Yes, I think 1 GC is better than 10 masters' I can always get MS later. What I am talking about is: Will my chances increase if I have Masters degree?

About my university hiring a lawyer: We have a human resources department and they have designated ppl who take care of GC applications:).


-----
And now one more question:

Will new (PERM I think it's called) procedure accelerate my gc application any? How long should I expect the gc application process to be with that new procedure?
Thanks again for your help!

[Cosmopol]

I am talking about changing my status from H-1 (after applying for green card, being layed off, and withdrawing my GC application). But I am talking about changing status to F-1 in the USA. What do you think?

I don't think switching is any longer allowed, if you were to get approved by a college for F-1 (ie., your I-20 would be issued), you'd have to leave the country and apply at any U.S. post where legally allowed, i.e. country of nationality or legal residence.

Yes, I think 1 GC is better than 10 masters' I can always get MS later. What I am talking about is: Will my chances increase if I have Masters degree?

Not specifically. Unlike HSMP or Canadian immigration programs, employment-sponsored GC is not per se based on the prospective immigrant's merit, but primarily on the specific employer's permanent need for the person. Whether having a Masters increases such need is another, and quite secondary, issue.

About my university hiring a lawyer: We have a human resources department and they have designated ppl who take care of GC applications:).

That always helps.

And now one more question:

Will new (PERM I think it's called) procedure accelerate my gc application any? How long should I expect the gc application process to be with that new procedure?

Unfortunately, I am not familiar with the latest practice, so you better rely on specific cases, if you know of any now or later.

[darko]

Thank you for your help!

One comment though:

------------------
darko wrote:
I am talking about changing my status from H-1 (after applying for green card, being layed off, and withdrawing my GC application). But I am talking about changing status to F-1 in the USA. What do you think?
----------
I don't think switching is any longer allowed, if you were to get approved by a college for F-1 (ie., your I-20 would be issued), you'd have to leave the country and apply at any U.S. post where legally allowed, i.e. country of nationality or legal residence.
---------------

Cosmopol..Are you sure about that? Because ppl in our International Programs Office told me otherwise...

[Cosmopol]

Are you sure about that? Because ppl in our International Programs Office told me otherwise...

One can never be 100% sure these days unless one is in the thick of the business, as small changes in the law or practice could happen any time. I simply know people who were here on H1B and had to leave the country in order to get an F1 stamp. Perhaps it changed since then.

You may want to call USCIS hotline and ask that question a couple of times to be sure...

[darko]

Cosmopol,

For F-1 stamp (I suppose you refer to visa) you have to leave the country (and get visa from YOUR OWN country). Yes, that's changed. But to adjust status you shouldn't have to:/.

[Cosmopol]

I meant there was no adjustment when I last checked, i.e. you had to go out and get a stamp.

[darko]

Cosmopol,

Could you provide me the link? (it's a very important thing for me to know:/)

Darko

[Cosmopol]

I meant I checked with a person, but here's the main link with hopefully all you need:

www.uscis.gov