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Green Card without Degree - From F1 visa

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Hello everybody,

I'm currently an international student under F1 visa and may I have an opportunity to be sponsored to a Green Card application. I'm going to my 2nd year at the College.

I have talked to few immigration lawyers but each of them says a different thing.

Do you guys know if:

1. Am I eligible to be sponsored to a Green Card application without a Degree? (under Skilled Workers category)
2. Am I eligible to be sponsored to a Green Card going directly from an F1 visa?
3. Is the GC process "easier" than the H1B process? (talking about immigration factors)

PS: I know I can't work for this company until I get my GC, that's not a problem for the process.

Thank you very much.

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When filing for a green card, your employer will have to file for PERM first, to demonstrate that that there are no existing USC/GC holders who can do your job. Without a degree that will almost certainly be denied.

I have personally not heard of anyone, other than being exceptional in their field, be sponsored for GC right after F-1, and even more-so without a degree.

As of "easiness", no, it's not easier, and it takes a significant amount of time.

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KurosawaSan, thank you for your reply.

As I understand, a degree is not a requirement for GC, right? I understand that the companies won't sponsor a guy without a degree, but in case I already have the company, for IMMIGRATION purposes, don't have a degree is a problem? There are many functions in the world that a degree isn't important.

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True, technically a degree is not required but it is highly unlikely. But there is a reason companies PREFER a person with a degree. For one, it is an expensive process for them Thousands of dollars. That want to be sure the person will be a valued member of their organization. Second, the company has to prove to immigration that the person they are immigrating has a certain skill level that an American may not have. If it is a job where an average person can do then the job will likely go to an American first.

You should also know that not all work visas are dual intent, meaning that you will eventually get a green card to continue to live in the US even after you are no longer employed with the company. And even the ones that are dual intent, it is still up to the company to decide if they want to move forward with getting you the green card after a certain amount of time.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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NuestraUnion,

I completely agree with what you said, but as I said...talking about immigration factors (not if the company will be interested, or how much they will spend, etc), a degree is NOT a requirement, right? In other words, yes, I'm eligible, right?

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You can't get a work visa without the company. The only way you are eligible is if a company offers you a job and files for you.

It's simple... no job offer and company filing for you = no visa.

Whether you have a degree or not.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Hello everybody,

I'm currently an international student under F1 visa and may I have an opportunity to be sponsored to a Green Card application. I'm going to my 2nd year at the College.

I have talked to few immigration lawyers but each of them says a different thing.

Do you guys know if:

1. Am I eligible to be sponsored to a Green Card application without a Degree? (under Skilled Workers category)

2. Am I eligible to be sponsored to a Green Card going directly from an F1 visa?

3. Is the GC process "easier" than the H1B process? (talking about immigration factors)

PS: I know I can't work for this company until I get my GC, that's not a problem for the process.

Thank you very much.

1, Yes

2. Yes

3. Well a matter of opinion, they are different.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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NuestraUnion,

I completely agree with what you said, but as I said...talking about immigration factors (not if the company will be interested, or how much they will spend, etc), a degree is NOT a requirement, right? In other words, yes, I'm eligible, right?

Technically, you can apply so long as the company sponsoring you follows the correct procedure. However, as others stated, it's an expensive and time consuming process for them, and it's very unlikely that it would be approved unless they can demonstrate that finding an existing (legal) resident who is eligible to work would post too significant of a burden on them. For a position that does not require a degree and can be filled by a 2 year college student, it would have to be (to put it bluntly) extraordinary circumstances.

Stranger things have happened, but we're just trying to give you an honest assessment of the process so you know what to expect. But to be honest, it sounds more like you're fishing for the answer you want to hear (aka "Yes, you're eligible"), not if it's actually likely or even probable. Keep an open mind.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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As you stated you are in F1 Status, F1 status is not a Dual Intent visa like a H1B1 or a L1A/B, it is a NON-IMMIGRANT visa, so the first problem is to justify why are u filing for LPR when you are NOT on immigrant or a dual intent visa. A very good lawyer and company combo maybe (and i say with the slightest maybe) able to justify.

Secondly, lets assume that you get a good lawyer and a good justification, the other thing to keep in mind is when a employer sponsors a visa, till the point it is a L1A status or EB1 (for extraordinary individuals like Olympians, or Nuclear Scientists of national importance), the employer has to do the PERM process which includes labor department parts where they have to declare and ensure that they could not find a person with your skill sets in the market and that is why you are being recruited. This is where you are most likely to be rejected. Can it happen ? Yes. Can it be rejected ? Highly Probable. If not in matters of degree are you capable in some vocational job which is very rare in America ? Unlikely

Edited by sebastianshaw

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Day 00~12/08/2016: Package received at USCIS PO Box (Concurrent Filing I-130, I-485, I765, I-131)

Day 07~12/15/2016: Checks En-cashed
Day 08~12/16/2016: Electronic NOA's

Day 15~12/23/2016: Physical NOA1 for all 4 petitions

Day 23~12/31/2016: Received Bio-metrics appointment letter for 01/09/2017

Day 32~01/09/2017: Bio-metrics complete as per scheduled appointment

Day 80~02/27/2017: Raised an Online E-Request (SR) for an update on my I-765 which was closed on 3/13 

Day 98~03/16/2017: Tier II officer confirmed status quo for I-765 "Under Review, case should be adjudicated soon"

Day 98~03/16/2017: EAD card is being produced

Day111~03/29/2017: EAD+AP Combo card in hand

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Guys, I got your points. They all make sense... the answer is: yes, I'm eligible but it's hard to achieve. So...

If you were in my situation... you have a sponsor, you have the experience to the job, but you don't have a degree and you are in a F1 (non-immigrant) visa.. what would you do?

Thanks a lot, you are awesome.

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I don't understand what your issue is. You apply for the job, it cost you nothing. Your employer decides if they want to hire you and they do all the work and pay all the money. So what is your dilemma?

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You found someone who said they'll sponsor you?

They still have to prove they couldn't find someone else to do your job (and that they tried) and it takes years. During those years, you'd need another type of work visa to work for them while they/you wait.

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