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L1b To F1 While Perm Certification Is In Process

Discussion in 'Nonimmigrant Visa Applications Generally' started by saptagiri chatterjee, Sep 17, 2016.

  1. saptagiri chatterjee

    saptagiri chatterjee New Member

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    Hi

    I am on an L1B, planning to start my fulltime masters in 2017(thus hoping to convert to an F1). However my employer has initiated the PERM labor certification process and currently my petition is undergoing the labor market test post which the PERM certification will be filed.
    • Does the current state of the PERM process(Prevailing Wage Request submitted, undergoing Labor Market Test) already put my F1 at risk?
    • If answer to above is No, then at what stage of the PERM process will I have risks of getting my F1? Will it be after my PERM Certification is filed?
    • Finally, if I don't want to withdraw my PERM labor certification then what steps should I take to ensure that my F1 approval has no risks at all?
    Thanks and Regards
    Saptagiri Chatterjee
     
  2. Santy

    Santy Guru

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    GC is a future employment. As long as your documents satisfy the job requirements for the GC position, you can cross all the 3 steps without joining your employer. Now, with good faith and intent, you need to join once you get your GC or at any point of time during this GC journey.
    As far as COS is concerned, I don't think there should be an issue. This is my assumption.

    Note: I am not a lawyer.
     
    saptagiri chatterjee likes this.
  3. saptagiri chatterjee

    saptagiri chatterjee New Member

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    Hi Santy

    Thanks a lot for your reply. I don't get the part where you state that I can cross all the 3 steps before joining my employer. Actually I am already working for my employer in an L1 and my employer has filed the PERM process which is underway. I intend to apply for an F1 and if F1 is approved, resign from my job and pursue Masters. My concern is, will my F1 approval chances become slim as there is a separate PERM process going on.

    I read some of the other threads in this forum where a candidate got his F1 rejected because he had a green card process going on.

    Thanks
    Saptagiri
     
  4. Santy

    Santy Guru

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    There are two independent points.
    1. GC process: This is a three step process. LC, 140 and 485. I already stated that how and when can you join your employer who filed your GC.

    2. COS from L1 to F1: This is little tricky, I can understand the rejection of COS when 140 is approved but I don't know how they will know if your LC is not even filed. unless they specifically ask, I don't think this can be known. Yes, I do have reports that stamping for COS from working visa to F1 has problems in India. You should get in touch with an attorney to discuss different scenarios.

    So, point-1 is fine as long as you and your employer both are on the same page. For point-2, You need to take steps carefully after discussing with an immigration attorney. You can also give a call to Ron's office if you want.
     
  5. Kevin Kurian

    Kevin Kurian Attorney at Law

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    This is a fact-sensitive and time-sensitive matter. You should contact a private immigration attorney.
     

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