I am planning to apply for GC through my employer and i need some help answering a few questions. i have read around here and i learned a lot but a few confusions still remain.

I have a Masters Degree and would be applying through EB2.

1. what will be the approximate cost and the time frame for the whole process?

2. would it make a difference if i add my spouse for EAD after approval of I140? would it cost more? would it slow down my process? would my spouse have the same benefits as me?

3. She is also currently under H1 and has an opportunity to file for GC through her employer as well. which would be better: both applying individually or she as my dependent?

and anyone suggest a GOOD NY-CT based lawyer who is 'proactive' (please, no khagendra or Sedai, our so called 'bigshot' nepalese lawyers....i've had my fill with them) please feel free to contact me through sajha.

Thanks a lot in advance.

Laborperm,

Thank you for your prompt response and valuable suggestions. She is in difficult position right now. It happned in 2002 when when she had to drop a class because she thought she would not be able to get a passing grade. At the same time, she was suffered due to the death in her family. She registered for 9 hours in two semesters in row before 9/11 event. When the schools began to put all int F1 students in SEVIS system, the DSO office denied her to put in the SEVIS system and issue a new SEVIS generated I-20. It was partially DSO office fault too because they did not alert her or inform her about her not taking full-time course and its consequence. At that time they suggested her that they would give her new I-20 if she would leave the US and reapply for visa from her home country. At that time she was not in a position to travel because she was pregnant. The DSO office did her favor and allowed her to take classes and told her that they would not update her information in SEVIS and she could continue and finish her degree. However, she was not in position to take classes due to the birth of a child. So she did not registered for two semesters in 2004 and she started taking one class from 2005. She has not been in contact with DSO office since then. She is vulnerable right now.
One time her husband tried to put her as dependent as F2 but his school's DSO asked about her status in the US. He explained about her status but the DSO asked him to bring a letter from her school's DSO office indicating her status. Her school was reluctant to issue a letter in the ground that she is not in a SEVIS system.

Her husband plans to graduate in Spring. Most likely he would start a job and get H1 But he is too worried about his wife and not decided yet what to do. He can not send her to Nepal, neither he wants her to be in out of status. THey have a long term plan to stay in the US. They have credit card debts too.

Please suggest if there is any way she could be brought back to status by whatever way.

Any other folks have similar experience or have observed similar case. Please help

Laborperm : "Once you get EAD, and you use to work, then your H1B is not valid anymore. So for some reason your I485 gets rejected, you will lose all your status. (Be Careful)."

Then what would be next stage?? Will loose both H1B and GC?? GO back?? Has anyone faced such situation?

Dear Jibatma,

I understand her situation. She can file a MTR to see if USCIS will re-instate her visa and the cause would be she was pregnant, and went on depression, but to prove these you need all the medical stubs. I am not sure if she can produce such.

Even its DSO fault, its really not the issue which is always being overlooked by USCIS.

The best thing for you to do is either file MTR, or have her go back home when her hubby be in H1B status. She can get H4 easily from Nepal. That will put all of them in good shape.

If you would like my help in writing letter to USCIS, let me know by email. Dont feel down, god will help us all.

Then what would be next stage?? Will loose both H1B and GC?? GO back?? Has anyone faced such situation?

You are allowed to work until you have your EAD expires. You get EAD based on your I-485 pending status. Since if your I485 being denied, then you will lose everything. Now since you cannot have 2 status at the same time, and if you use EAD to work, your H1B becomes invalid. EAD will give you an opportunity to work wherever you want.

Laborperm,
May be you can answer to one of my query too. I have a master degree from U.S and currently working on H-1. I want to apply for my GC under EB2.However, I have started working couple months back only and I don't history of good working experience. Will be it good idea for me to apply for my GC right now? Will I be able to clear the Labor certification??
Please respond.. Your suggestion will be appreciated.

Dear Laborperm,

Thank you for your suggestion and offer. I will ask my friend to contact you. However, in the mean time, I still have few related questions.
1. Would you tell me whether or not her status is legally "illegal" right now because she does not have valid I-20 and not taking full course. what will happen if she gets cut off by police/USCIS and ask for her status. Will she have any reason to defend? Is she in vulnerable situation right now? if she is found illegal? what will be the consequence? will it also affect her husband's status, who is currently in F-1 for giving "an illegal" protection by living with her? By the way they have a little US citizen kid too. By any means her husband does not want to ruin his status.
2. Would it be beneficial for her to start taking full time course from SPring 2007. The reason is she can only go to Nepal at the end of summer. Does being full-time student even she does not have a valid I-20 will help her to save her status if she gets cut by
police or USCIS or DSO. She is not in touch with DSO for few years. She has three more semsters to finish.
Please suggest.

.Dear Raj,

You need to explore what is your job requirements. You are qualified under EB-2 if you have one of these. You may have BS+5 years of progressive experience OR you could have MS degree. MS degree is what you have. Now if your business requirement ONLY asks for BS+5 years experience, then even you have MS degree you cann't file under EB-2 ( I mean you can file, but you will be rejected).

That was just the senario I was giving, its not realted to your question anyways.

Now coming back to your question. If your company requires MS degree, then without having any experience you can fall under EB2 catagory of which ROW catagory is Current these days - or I have never witnessed DOS visa bulletin being retrogressed for ROW. You can file EB2 right now, and you have to do it under PERM. The old system of RIR and/or Traditional (TR) labor do not exist any more. You need to get the PWD determination from SWA and run the ad at the same time. PWD validation is important too. Well, let me know if you want to file and I may help you in advising the process. Send me email at laborperm@gmail.com for futher queries.

Folks, I don't charge anything for the consultation. I will take whatever you guys can offer me. Part of that goes to the poor people I currently sponsor in Nepal. I give donations and I believe by my effort I am buying a smile for even 1 single person in my country - thats how my life is worth it.

How about- If a job requires Bachelors Degree and Minimum 5 years of work experience?? Does it fall under EB-2?? Does the experience gained in Nepal counts?

.Dear jibatma,

Let me tell you something by saying, she is in big trouble IF she fails to gain her status in US. She is already barred from entering US for another 10 years, due to her absence in maintaining the status for over six month period of time. If she gets caught for some reason, even by travelling by Greyhound, they can tap her and make her out of the country. She is in grave situation, please treat her case very seiously. Her status won't affect her husband status, but if they grill more on her, yes her husband is also subject to criminal prosecution of providing her stay and not reporting her (but this usually don't happen).

2. If she can reinstate her status and get back on her feet, then I advise its worthwhile to take class, otherwise even she does her BS or MS, it won't affect her. The more delay the more problem. She can wait and see if CONGRESS pass any law that makes illegals to gain their status. Otherwise there is no way around. Even you approached lawyer, some might refuse to take the case, as this is treated as a dead-end case.

.Dear aabha,

For some strange stupid reason mandated from the early time, your work status in Nepal is not accountable for EB2 purpose. In order to qualify for EB2, you need to gain the work experience ONLY after having your BS degree. But to qualify for EB3, your experience in Nepal may count as well. So if you have 5 years of work experience after you graduate, you are eligible to file under EB2, even the work is anywhere in the world.

- laborperm Ji,

Your prompt response and objective of intending to help under privileged children in Nepal is very very impressive. I was also trying to find a reliable channel to sponsor some under privileged children in Nepal. How can we approach the authentic channel to sponsor the children?

By the way, my company has already filed 140, 485 and EAD for me under EB2 and 485 and EAD for my dependents where are with me. All requirements meet for my EB2 category. When can I expect to complete all the process up receiving the Green Card?

Thank you for your help.
NepaliBhai

- Typo

...for my dependents where are with me.

read as

...for my dependents who are with me.

Dear Laborperm,
I really appreciate your time and cooperation in answering the questions posted by me and others. You are doing great by giving valuable suggestions. I also admire your charity work back home. I would definitely would like to contribute some fee for your invaluable suggestions. Will be in touch by email soon. However, I still have few more questions:
As you said also, my friends are in a difficult and vulnerable situation. On top of this, another concern is is they have huge credit card debts so do not want to leave US unless there is a 100% assurance that she would come back. They are responsible couple and do not want to be in jail due to financial liability.Also they do not want to live separately. They would not make that kind of money to pay back the loan they have now if they go to Nepal and work. Thanks God they have good credit scores. And she is praying every day for not being caught by any means.

Based on your suggestions, couple of options are ahead of them:
1. Finish her husband's study and apply for H1B. but his wife needs to leave this country in order to apply for her H4, right?, in this case what will happen in case she was asked multiple questions and scrutinized regarding her early stay in the US by counselor officer in Nepal when she applies for a visa to come back to US. If the counselor officer finds she was staying illegal in the US, will it make her H4 visa denial? and at the same time affect her husband's H1B visa? because he is knowingly (knows her illegal status back in the US) filing for her H4 ?

2. Other option is apply for MTR (reinstatement) What would happen if she is denied for her reinstatement appeal from the US? in that case she has to leave country ASAP, right. By the way she has not received any letter from USCIS What will happen to her husband, will it affect him? in this condition, can her husband apply for H4 visa to come back from Nepal.

3. It is my third thought. Can they apply for canadian residency now being herself illegal here may make her unqualified or not? Can her husband apply for himself? Because they need to get police and FBI report and the agency may find that she had violated visa. I propose this option because they need to make good money to pay back their loan, and they can do it only if they move to Candada, which is best alternative at the movement.
Thank you for your time in advance. I appreciate it.

. Dear nepalibhai,

I think there are various agencies in Nepal where you can give donations to. Not sure if everyone works out right or not. I normally give to save_the_children. I want to do it myself for the future. My focus would be for elderly and disabled person - I believe both are socially displaced in our country. Being Old and being mentally challenged is not what they want. Everyone will get old, and disabled is not the choice - its a fate. If they were able, they could be like you and me, and since they are not - I think the need is there for them.

I am not sure how long ago you filed your petition along with your dependents. Did you receive Code3 biometric. usually it comes within a month, once u filed your application. If you already have it, and its EB2, then it should be less than 3 months - given that your name check with FBI is cleared.

. Dear jibatma,

send me an email about this, lets not talk on public forum. I will give your answer 1, 2, and 3 in best of my knowledge.

Thank you all for your support of my project. God helps us all.

Hi Jibatma!

I had a small problem like that after I graduated from college. After I finished my OPT, I saw several of my friends didnn't join the college or didn't find the job for 2-3 months. So, I thought I will do the same thing. Then I didn't want to go to college to do master because I don't have money as well as my husband is finishing his master degree after a year. So, I decided to go to F-2. I talked with International advisor, they were alright with it. After I filled my case to DHS, it came back. I filled it again for 2nd time, it came back to me again and it said I need to file to different DHS. I filled it for the 3rd time to DHS they mentioned. After 4-5 months letter, they asked me some more documents like marriage license and reason why my case is delayed bla, bla,. I asked the international student (ISA) advisor to write a letter. ISA wrote a very good letter and I send the documents they asked. We consult the lawyer, he didn't give positive respond. Then my husband and I decided, we will file and wait and incase if it it got rejected, we will go back home. Fortunately, it got approved less than a week after I send the documents. Now my husband is working in H1B. He applied his HIB first, after it got approved, I filled for H4 and it got approved less than a month. So, my advice to you is just file your friend's H1B first. When it got approved, then file his wife's. My advice to all Nepali Student is do not copy what your friends do. If my case was disapproved, I would have never forgive myself. Thanks God.

- laborperm ji,

Thank you for your positive response. I will try to contact the save_the_children or similar agencies in Nepal for donation to under privileged children. I wanted to take care of education and cloths at least for one two children.

And yes, I filed 140 and 485 just two weeks ago (Dec 4). I received receipt notice but not biometric notification. Hope, things will move quicker positively.

NepaliBhai

.mta177: I am not sure why did you file your case within DHS. As far as I know DHS is Department of Homeland Security? You never mentioned that you file your case within USCIS, which falls under Deparment of Homeland Security. But even at that time, USCIS is known as INS.

You have gotton lucky, are you all done with your GC process yet? Getting H1B and H4 status is not enough if you file your GC. During I485, they may again ask you to show your previous status. Just be careful on documenting if ever you get NOF or RFE.

Laborperm, thanks for your note, you are always helpful. I agree with you and you will be receiving email as you suggested regarding those questions.

MTA177, thanks lot for sharing the similar experience. Few questions for you if don't mind to answer: As I understood, you changed from F1 visa to F2 visa and it got approved and you applied for H4 right?. Would you mind what kind of documents/information DHS/USCIS asked to submit to change from F1 to F2? and what was the content of the letter ISA advisor wrote? what were the major points he mentioned to defend your "out of status" cause and for recommendation to change to F2.
These information will help my friend in a process of collecting documents/information. Major reasons for his wife's case for not taking full course are: death in family, pregancy and child birth, and later financial constraint. It has been already three years she has been out of status.
Thanks in advance for your response.

Were you physically here in the US when your husband filed for H4? Were you out of status when you filed the H4?.
I am going to suggest my freind to collect all necessary documents

mta177, please ignore the last three sentences, sorry forgot to delate them.