Hi ,

i am here in F1 visa and this is my 2nd year in USA. i have only one and half year left to be graduate i mean to finish my undergraduate. so am i eligible to apply for Green card? I work in University and my boss said he will help me to get Green card but i don't know how to start.. is it too early to apply?
can one individual american can help me to get Green Card ? what criteria shoul i have to fulfill.

thank you

rajamati, green card applying is not a joke so be careful. You did not mention that what type of work you are working and what is the position of your boss? did he say he will file a green card thru employment basis? Please make sure otherwise its too hard if your boss is just a regular emplyee. And lots of paper works to be done and that your employer must provide to INS so, make sure dude and good luck

peace

Green card process is not easy , it takes lots of time and money. Is your work related to your study ? Green card through the employer is a good idea and HR has to do lots of papers works even advertisement of job in news paper. You should go to INS web site and read the all process about paperworks.

Saan-dai

Like all the people suggested, Green Card can be very painful and costly. Well, that doesn’t stop people from applying to it. But again, you need to be very careful when stepping in it as the process is not easy.

One can make it very easy in seeing that few others have received their cards within few months of applying. But everyone’s case differs from one another. Please take this in mind that if Ram received his Green Card in 3 months, it doesn’t necessarily means that Shaym is that lucky as Ram.

If your employer wishes to file a Green Card on your behalf that’s a very positive sign, this clearly shows that your work and dedication is paying off you to become the US Permanent Residence in days to come. Immigration rules are changing constantly, and whatever I am saying today it may not apply when you would get your diploma and headed out to for Green Card journey.

If you have a Bachelor of Science degree, then you are eligible to apply in an EB3 category. Since Nepal falls under Rest of the World category, you may find yourself waiting on line for more than 4 years.

Once your employer wants to hire you, then he can file the petition on your behalf within Department of Labor. The first step starts here, where the employer files your labor certification. These days labor is also known as PERM. What labor does is, it tests the US market. Your employer has to publish a newspaper advertisement of any vacant position and he/she is actively seeking to hire the US employer to fulfill the position. Also, the job that you are going to get hired should require the BS degree. If the job requirement doesn’t fall under any degree requirement, then he can file you under Other Category. Once the advertisement is run, the employer will wait for few months to see if there is any candidate who is interested in said position by getting their resume. If the resume being received, then the next phase is to conduct the interview. If no one considers for the position, then you are the likely candidate for the post.

Once your labor is filed in PERM, it may take up to 60 days to get it certified. Once this gets certified, then you can file I-140 (petition for immigration worker), and I-485 (green card). In order to file your I-485, your visa bulletin should be current under the preference category that is required. For instance, if you have BS degree, you fall under EB3. If you have Masters or bachelor plus five years of progressive experience, then you are eligible to file under EB2. Also, you need to make sure if the job require Masters Degree or no.

This is just the start, if you want I can help you further. Let me know what you think. Even the process is bit intimidating, your lawyer is the one who should do all the work for you. This is just a refresh of what the process is like. Good luck.

Before you apply for GC, make sure you are eligible to apply. Talk to a lawyer or do your research because once you file the papers for GC you automatically lose your F-1 non-immigrant status. One of the disqualification of non-igrant visa (like F1) is intent to be immigrant.

Once you apply for GC that clearly shows your intention to be immigrant and that disqualifies you from gettting non-immigrant visa again.

The only way to file for green card without even a Bachelor's degree is possible in one of three ways.
1) marriage (does your boss mean to do this?)
2) special skills labor (for this you need to be working for a job that needs special skills; most people who file under it work as chefs and the like under EB 3. Like someone said above, it takes years. One guy got it in a little more than 4 years. The employer also has to go through a lengthy process to prove that there is nobody else among citizens and g-c holders to take that job! Most difficult.
3) You are an unmarried and under-age child of a US citizen or green card holder!

If you are not in in any one of the above situations, either your boss is kidding or is simply dumb about the green card process. If he/she means to screw you, that's another thing. As noted above by someone, once you file for green card and are denied, there is no way you can stay on student/F-1 visa because you then violate the non-immigrant purpose of F-1.

If anyone is ever going to go for a g-c, first get H1 B, the dual intent visa and you can take any route after that without risking your status, unless you are of extra ordinary ability (researcher/professor/scientiest, etc.) to qualify for EB 1 in which case you get the g-c as easily as the rest get a driving license. Almost. My free advice.
Good luck and take care.

I cant believe people in US are so dumb. How can u apply for GC if you have only UNDERGRAD. U will need to wait atleast 4-5 years for the visa to be current. In the mean time, ur boss will lay u off and use the LC for his relative. This is the basic game. I would I highly recommend for L-1, if u can, or else do GRAD and apply under EB-2- unless ur boss really likes you.