currently i am doing an internship in a company and once the internship period is over, they are giving me a permanent job and wants to apply for green card for me. but the problem is they don't have much idea about how to do it. so i was wondering if any of you guys could help me out with these questions...
1. what are the forms that needs to be filled?
2. how long does the process take?
3. do i have to apply for a temporary work permit first?
4. do i need to graduate before i apply?
...i will be graduating this May..
Any help would greatly be appreciated..thanks

Birkhae bro, wrong board. I guess that most of the sajha users are still in college but it's a good thing that the company is going to sponsor you for greencard and so on. Do us a huge favor after you green card though, be availabe for us when our time comes. Good luck!

The best way to get forms is to go to the nearest USCIS ( fmr. INS) office and talked with the clerk and they will give you the exact forms to you. I once filled out the forms and they turned out to be the old forms and they ( INS) took all my money and returned my forms with the new forms. So what I am trying here to say is it is better to fill the latest forms in the first time and do not waste your money. GOOD LUCK!!!!

OR You can call them and asked what forms you should fill. Never fill anything that is not correct becasue that will deny your GC.

Birkhe Bro, you and your company seems too lost!

Log on to http://www.uscis.gov and click on the 'Permanent Resident (Green Card) on the menubar on the left. That will lead to you tons of information about green card application process through employment.

It is possible to get green card through different methods while you are still in school. In the same time, it could be risky if you don't have a back up dual-intent status such as H1B if your application is not approved.

My suggestion to you:
1. Apply for OPT right now with an effective date after graduation (let's say May 15). You will be able to continue working on an OPT for 12 months right after May 15 if no other work authorizations are still available by then. It takes about 3 months to get your OPT approved.

2. Ask your employer to file for H1B that will be effective from October 1, 2007. Application opens on April 1 (and most likely the 65000 quota will expire before the end of May). If you are going to work for non-profit organization for research or institutions of higher education then this quota doesn't apply to you.

You must have at least one 4-yr bachelor's degree completed before you can even apply for H1B. If it's your first degree and you haven't graduated yet, then damn yourself and count on your luck to apply in May. If this is your M.S. degree, then you may be lucky that your additional 20000 quota for 'persons with advanced degree' remains available until June.

There are certain paper works (such as formal advertisement, hiring, and labor condition attestation LCA from State Workforce Agency SWA) that needs to be completed before you are able to apply for H1B. Talk with your company lawyer. If they don't have one, be ready to pay by yourself and find a good lawyer. H1B process costs you between 3000 - 6000 depanding on your attorney fee and premium processing. You don't need premium processing in this case.

3. Which employment based category are you in? EB1? EB2? EB3? If you are in EB3, damn the immigration backlog. You can't apply for actual 'green card' (form I-485) for another four years if you start your process now. [process starts with the company filing for labor certification (PERM) and then petition for alien worker ( I-140) upon approval of PERM. If you are on EB1 or EB2 category (you should think ten times to apply in these categories before your graduation).

Whatever category you have been looking at, I strongly advise you to go through the steps 1 and 2.

Now to your questions, IF YOU ARE ELIGIGLE to file greencard, then

1. what are the forms that needs to be filled?
a. Electronic PERM process from your company lawyer (or human resources personnel)
b. I-140 for 'petition of alien worker'
c. I-485 for 'adjustment of status'
d. I-764 for 'work authorization'
e. I-693 medical check up report from civil surgeon
f. I-131 for 'advance parole' or travel document if you plan to visit home when your greencard application is pending.
f. G-325a for 'biographic information'
g. G-28 to 'authorize your attorney to talk with uscis on your case'

2. how long does the process take?
If you are applying in EB1
Preparation of documents: 3-4 months
Whole process completes in 6-8 months after filing date

If you are applying in EB2
Preparation for hiring and others: 3-5 months
PERM process: 2-3 months
I-140 approved in 4-6 months
Green card process completes in 6-8 months
Whole process: 15-20 months

If you are applying in EB3
Preparation for hiring and other documents: 3-5 months
PERM process: 2-3 months
I-140 approved in 6-8 months
Wait for filing green card application: 4 and 1/2 years
Green card approved in 10-20 months after filing.
Whole process: 5-6 years at current rate.

3. do i have to apply for a temporary work permit first?
Sure, you can't work without it. Employment authorization has to be renewed annually until your green card is approved.

4. do i need to graduate before i apply?
Can you get a green card just by whinning to USCIS?

...i will be graduating this May..
Congratulations! You are on your way!

Any help would greatly be appreciated..thanks
Here is my disclaimer: I am not a lawyer by profession and my advice should not be taken as an expert advice. I will not be responsible for any outcome as a result of acting on my above suggestions.

Good luck!

Harris, i think advertisement is not required for H1B it is only required for PERM

Saan Dai

The LCA
The Labor Condition Application ("LCA") requires the employer to certify through the U.S. Department of Labor that the wage which will be paid to the employee is a fair and equitable wage in the region. This process is meant to ensure that U.S. workers are not undercut by international workers and also protects international workers from being exploited. The employer also agrees to abide by fair and legal labor practices.

(Note: the LCA process for H-1B status is an entirely different process that the Labor Certification for employment-based permanent resident and does not involve proof that no US citizen or permanent resident is qualified and ready to do the job.)

Thanks, Saandai. The last portion of the note above makes it clear. Since the unavailability of US citizen or LPR doesn't need to be prooved, you can get a job through solicitation in any company and apply for H1B.

Very useful source of information:
http://www.studentaffairs.cmu.edu/oie/forscho/h1b/index.cfm

thanks to all of you guys. i really appreciate your help.