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manntameronepaliho
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Posted on 11-16-14 5:02
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दाजुभाई, My Company recently filed LCA for me. My OPT is expiring this January. I heard that I can get grace period until the decision has not come from University? Is that True? Anyone of you have been on the same boat? Please let me know. Thanks
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prem101
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Posted on 11-16-14 6:15
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Is that LCA for H1B or GC? If its for H1B, your employer can file H1B only on April 1, 2015 Form I-129.
Last edited: 16-Nov-14 06:58 PM
Last edited: 16-Nov-14 06:59 PM
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manntameronepaliho
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Posted on 11-16-14 7:34
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@Prem101: that is for GC. Thanks
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kalidasbhaisaab.
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Posted on 11-16-14 9:26
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kura yasto cha...timro Prevailing Wage Determination (PWD) / Labor Certification process lai jati time lage pani ani PWD complete bhayera PERM Labor application file gare ni...timro existing status maintained huna parcha...
For example, for you the PWD process has started. On Feb 01, 2015 the company will file the PERM Labor for your labor certification. Say, on July 01, 2015 your PERM Labor is approved. Say on August 01, 2015 you file both your I-140 and I-485 concurrently (based on EB2 ROW & that it is concurrent for that category during that time). Most likely, you will obtain adjustment of status (Green Card) in Dec 2015 or Jan 2016. Now, this is a pure hypothesis - on a best case scenerio basis. Your case might be different for many reasons. But to answer your question..all this PERM and USCIS process doesn't mean that you are allowed any grace in terms of your F1 status. Since your OPT is expiring in January 2015, if you do not either continue on F1 or have had an H1B already then you might be out of status. The PERM process (Labor Certification) and adjustment of status (I-140 & I-485) can go hand-in-hand with either your H1B or F1 visa. If you invoke Advance Parole (AP) during your I-485 process, it is assumed that you have foregone your F1 status. But not the same if you have invoked AP during H1B. This is something even I am not very clear about. I might be wrong about that piece. We’ll come back on that later. Once again, long story short – your immediate concern is to continue your F1 status (most probably in a CPT granting college because you also want to work at the same time your PERM process is being worked on). Plan right away. If your h1b was filed this April and was not selected, the best course would have been to start the PWD for PERM Labor process in May/June 2014. So by this time, PWD would have been completed and PERM filing would have been on the way. But even so, you still would need to plan to continue F1 in a CPT granting college. Please consult some more and with the Immigration Attorney too. Mine is aapen (mango) sallah :D
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