Green Card without Degree - From F1 visa

[iran33 0]

I agree that's hard to have the PERM approved, but once it's approved, the i140 is easier (compared to the PERM)... But thanks, I will update this post in few months..with good or bad news.

[KurosawaSan 52]

the i140 is easier (compared to the PERM)

That's not true. I-140 undergoes through much more scrutiny than PERM. But best of luck.

Edited December 21, 2016 by KurosawaSan

[iran33 0]

If DOL said there is no Americans to do the job and I can prove I can do that, there is no "reason" to be denied. The hardest part is to prove there isn't a qualified American/GC holder for that.

[KurosawaSan 52]

no "reason" to be denied

Again, you are looking at the situation very naively. PERM is the first step - because it does not grant any rights/benefits other than certification that "Welp, no workers at this time to fill this position", it carries no significant weight in your immigration process compared to other parts of the process. Like I mentioned earlier, PERM is not declaration of immigration intent. The employer can file it whenever they feel like.

I-140 is declaration of immigration intent. USCIS takes PERM as part of the application. It buckets applications in categories (EB-1, EB-2, EB-3 etc.) depending on skills and abilities. After filing under a specific category, the employer and employee will likely be requested for a ton of evidence about (1) your experience and qualifications (2) degrees and certificates (3) work involved, etc. Read up on that.

If you think that an approved PERM is a green-light for a permanent residence, you are mistaken. It's a non-binding certification.

[iran33 0]

It depends on which category you will fill out your application. I'm gonna apply for EB-3 Skilled Workers, what the requirements, according to USCIS website are:

• You must be able to demonstrate at least 2 years of job experience or training
• You must be performing work for which qualified workers are not available in the United States

I'm not crazy to apply for EB-1, EB-2 or any other EB-3 category such as Professional since I don't have a degree. I'm not just "optimistic", but I'm trying to be realistic. For THIS category, the requirements are: 2 years of training + non-qualified workers in the US. THIS is the category I fit. Only this category.

[KurosawaSan 52]

It depends on which category you will fill out your application. I'm gonna apply for EB-3 Skilled Workers, what the requirements, according to USCIS website are:

• You must be able to demonstrate at least 2 years of job experience or training
• You must be performing work for which qualified workers are not available in the United States

I'm not crazy to apply for EB-1, EB-2 or any other EB-3 category such as Professional since I don't have a degree. I'm not just "optimistic", but I'm trying to be realistic. For THIS category, the requirements are: 2 years of training + non-qualified workers in the US. THIS is the category I fit. Only this category.

Right, but you also need to understand the AMOUNT of scrutiny those applications get. Like I said, many times, if it would be as easy as you describe, EVERYBODY would be filing for their green card application with minimal experience instead of jumping through hoops to get work visas, EADs, etc.

You still have not said anything about the employer. Is it a large corporation? A startup? Your friend? Who will be filing PERM? The same employer will need to file I-140 for you. They will also get scrutinized by USCIS and DOL to make sure they are established and so on. Without knowing the above, your case looks pretty futile.

[iran33 0]

Of course, I will not say which company is, for obvious reasons. The company is not a startup, is not a friend and it is a medium corporate. Its revenues are about $20mi/year. It's not much but more than sufficient for USCIS requirements. I'm not saying it's easy and I know I have big risks, big chances do be denied, but I also know people with less experience than I that were approved. Is it easy? Nops. Is it impossible? Nops.

[KurosawaSan 52]

Of course, I will not say which company is, for obvious reasons. The company is not a startup, is not a friend and it is a medium corporate. Its revenues are about $20mi/year. It's not much but more than sufficient for USCIS requirements. I'm not saying it's easy and I know I have big risks, big chances do be denied, but I also know people with less experience than I that were approved. Is it easy? Nops. Is it impossible? Nops.

Best of luck For what it's worth, you can file whatever you want whenever. Just be prepared to handle the negative consequences.

[iran33 0]

For those who posted here a couple years ago, I just would like to give an update: I got my GC approved last week.

 

If have any doubt, as I had, I can tell you: it's worth to go ahead and apply for AOS if you have a sponsor.