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Thread: F1 Student is working for a compay that wants to sponsor her, can AOS be done?

  1. #1
    This is also another question for a friend of mine I hope you guys can help me.

    She is studying in California and is working for a firm as an office manager, her employer likes her so much that wants to sponsor her.

    Will she need labor certification? Will she be eligible for Advance Parole if AOS is filed?she has maintained legal status on F1 fore almost 1 year and a half...

    Her boyfriend is an overstay VWP from 2001, if she marries her before employer files paperwork will he be entitled to AOS too? or he will need 245(i) extension before he could apply?

    How long AOS will take? Does she have to keep working for the same company until AOS is completed?What if after she graduates she finds better employment? Can the new employer continue the AOS, or they have does the new employer have to file everything again?

  2. #2
    This is also another question for a friend of mine I hope you guys can help me.

    She is studying in California and is working for a firm as an office manager, her employer likes her so much that wants to sponsor her.

    Will she need labor certification? Will she be eligible for Advance Parole if AOS is filed?she has maintained legal status on F1 fore almost 1 year and a half...

    Her boyfriend is an overstay VWP from 2001, if she marries her before employer files paperwork will he be entitled to AOS too? or he will need 245(i) extension before he could apply?

    How long AOS will take? Does she have to keep working for the same company until AOS is completed?What if after she graduates she finds better employment? Can the new employer continue the AOS, or they have does the new employer have to file everything again?

  3. #3
    Will she need labor certification? Will she be eligible for Advance Parole if AOS is filed?she has maintained legal status on F1 fore almost 1 year and a half...

    Depend on the qualification needed for the job, but in most cases, yes, she'll need labor certification, and yes she'll be eligible for AP once the I-485 is filed. More than likely, she'll have to transfer to H1-B or something first instead of making a direct jump from F1.

    Her boyfriend is an overstay VWP from 2001, if she marries her before employer files paperwork will he be entitled to AOS too? or he will need 245(i) extension before he could apply?
    Does the boyfriend enrolled on 245(i) before (has a labor certification from that era)? If yes, then I would recommend letting him pursue it separately from her I-485, since I don't know if employment based I-485 will provides the same protection as a 245(i) based I-485.
    If not, I don't think she can include him because of his present status (illegal present). I don't think there's a waiver for it on the employment based I-485.

    How long AOS will take?
    Well, the best answer is it depends. IIRC, California has extremely long queue on the labor cert alone, she'll be easily looking for years at the least.

    Does she have to keep working for the same company until AOS is completed?What if after she graduates she finds better employment? Can the new employer continue the AOS, or they have does the new employer have to file everything again?
    No, she can take advantage of AC-21 and switch to a job after 180 days of filing I-485 (there's a debate when I-140 & I-485 arefiled concurently, whether its 180 days of filing of I-485, or 180 days of approval of I-140).
    The caveat is the job must be of a similar category & description. If thats the case, she can just continue working for the new employer without them having to do anything, providing she has a valid EAD.

  4. #4
    marmaduk:

    Thanks for the reponses, I have some more questions for you:

    [1] I guess she falls under the unskilled category as an Office Assitant, her job is easy, kind of secretarial stuff, does she still need labor certification? She will never qualify for H1B visa under this job, would she?

    [2]Boyfriend has nothing related to 245(i) I do not know yet if he was present in the US when before the last extension granted of 245(i) that was granted on 2001, but I think there was also a filing due date wasn't it?

    [3]Approximately how many years? more than 5?

    [4]If she finds a better job later on, it will be may be 2 years later, once she gets her Bachelors...is there any relief for that?to keep the AOS and the new employer replace the old employer who will sponsor her now?

    [5]She is studying to be a school teacher, so the jobs will be absolutely different... how does that impact?

  5. #5
    Hi Aguila:

    Sorry for interrupting this thread, but we missed you last night in the chat room. Lots were there..Sammy, Still, Irri, Pasha, 4now..we don't have a Yahoo ID for you, otherwise we would have sent you an invitation.

  6. #6
    I don't like yahoo I think I prefer instant messaging programs, leave me here your ICQ#...

    I wrote you a big email a couple of days ago, but I wen I hit send it disappear because of the %&#$@ webmail system of britishexpats..

  7. #7
    I didn't receive an email... well my AIM ( aol IM) screen name is swissnut2004. This whole IM thingie is new for me...so I'm still feeling my way thru.

  8. #8
    Aguila

    1) Yes, don't think she'll qualify for H1-B. But she still need a labor certification since her AOS will be employment based. She'll just fall to EB-3 or EB-4 category.

    2) IIRC there's a cutoff point indeed. I think her BF is a lost cause since he hasn't filed/have anything approved.

    3) For AOS based employment? I would imagine so, unless there's a miracle and all the SC goes back to pre-2001 speed.

    4-5) Don't understand what you mean by relief?
    As for switching employer, once again after her I-485 has been pending for more than 180 days, she can switch employer as long as the job is the same and her current AOS will not be disrupted.
    Now, there's definitely a big difference between being an Officer Manager and a teacher. I would imagine AC-21 portability can't be used here. Maybe she can transfer to do administrative work for a school then continue to be a teacher once the AOS is completed?

  9. #9
    Aguila:

    I have an ICQ # 197562400.

  10. #10
    Ask your friend if she is working illegally, since F-1 students are allowed to work off campus only with INS EAD (hardship EAD) and only for 20 hours. Without this hardship EAD, she can only work on campus for 20 hours a week. If she worked illegally, she may have problems.

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