Can I apply for a green card without ead?

Several ways to obtain American green card and matters needing attention;

1。 Apply for a green card through work. Recently, many applicants were refused visas when they changed from official visas to green cards. Analysis shows that when you submitted the I-485 form earlier, it was the final stage of green card application, that is, some people had to wait more than 65,438+0 years. After the visa of F 1, you usually work with OPT for one year. Not many companies are willing to provide responsibilities for foreigners as before, so it is not easy to apply for H 1. Some conscientious applicants will spend extra money to find a company that provides H 1, which is quite clever. Of course, the rush fee is about 1000 dollars, but the time can be shortened to 2-3 months. It may take 2-3 years from H 1 to the final green card application. You should pay attention to this period. First, you should get along well with your company. Second, don't violate any American laws in the meantime. It is very important to have a good record.

2。 Exemption for outstanding talents and national interests used to be very fast, but now more people are doing it. It is said that it has slowed down and the proportion of rejection has increased. Both methods, as their names suggest, require applicants to prove that they have made great achievements in their own fields or contributed to the national interests of the United States, and have at least a master's degree. For example, you have published many articles and applied for personal patents.

3。 How to transfer a student visa to a green card has nothing to do with how long you stay in the United States. If you don't apply for a green card through your employer, it depends on your level, through national interest exemption or outstanding talents. Another way is to immigrate through marriage/relatives. The general way for students is F 1 (student) -H 1b (job)-green card application.

4。 How do relatives immigrants and labor immigrants get green cards? Generally speaking, migrant workers are sent to several service centers, while the migration of relatives is determined by the schedule of the local immigration bureau. My classmate's parents waited for about three years from 485 to the green card. . . . . What a painful experience. . . So sometimes opportunities and policy changes are also very important, especially in the migration of relatives and labor. In addition, regarding returning to China, you can apply for an EAD card or early parole when submitting a 485. You can go back to the United States on parole in advance, but you may be refused entry to the United States, so there is no absolute. Some areas may issue EAD soon after submitting 485, while some areas may issue senior parole first. Labor Notice 485: 485 is specially used by people who adjust their status in the United States, so once the applicant leaves the United States, even if he only goes to Canada, his application will be automatically abandoned. Therefore, if he has to leave the United States for special reasons after submitting the 485, he must apply for early parole, otherwise it is impossible to continue to use the 485 green card. Precautions for relative immigration 485: When leaving the country, if your husband or wife is the main applicant for green card application, then you may only have to cancel your green card opportunity; If you are the principal applicant, it is not clear. Early parole was originally intended for emergency use. Additional note: once the 485 form is submitted, the applicant's identity is AOS (identity adjustment). If the applicant is a student before the application, the student status will be invalid after submitting the 485 form. Before the 485 approval, the applicant belongs to AOS, and if the application is rejected, the previous non-immigrant visa status cannot be restored. There are some exceptions to holding a work visa of H 1, because although H 1 is a non-immigrant visa, it is allowed to have an immigrant tendency, while a student visa is not allowed. It seems easier to apply for a green card in the United States than to apply for permanent residence in China. Generally speaking, there are two ways to apply for an American green card. One is to migrate through work, and the other is to migrate through kinship. No matter which way you take, there are two steps. The first step is that the applicant applies for the green card qualification for the beneficiary (I- 140/I- 130), and the second step is that the beneficiary adjusts his status in China (I-485) or applies for an immigrant visa at an overseas embassy. Most students come from China to study in the United States, and then work, and most of them work as immigrants. By category, there are three types of employment-oriented immigrants (religion and investors are not detailed here): 1) excellent talents; 2) People with high education; 3) professionals. The requirements of these three types of applications are different, and the waiting time for obtaining a green card is also very different. Outstanding talents refer to those who enjoy a national reputation in science, art, education, business or sports. This category (EB- 1) does not need labor paper ETA-750, and the breakdown is as follows. E b- 1A- excessive foreigners do not need employment certificates for such applications. But the conditions are harsh, and at least the following three conditions must be met: 1. Has won national/international awards; 2. Have membership; 3. Being reported by major media; 4. I have reviewed other people's works alone/* * *; 5. Make significant contributions in the fields of science, academia, art, sports and commerce. ; 6. Publish academic articles in major journals; 7. His works have been exhibited; 8. Hold leadership positions in famous institutions; 9. You have well-paid subordinates; 10. His artistic works have commercial achievements. E b- 1B- Excellent professors and researchers. Such applications require employment certificates, and the beneficiaries must have worked in the academic field for at least three years and meet any two of the following conditions: 1. Won the Excellence Award; 2. Have membership; 3. Have professional reports; 4. I have reviewed other people's works alone/* * *; 5. Scientific and academic contributions; 6. Academic articles are published in major journals. Brief introduction of EB- 1c multinational managers or executives. E B- 2- Foreigners with advanced or special degrees refer to jobs that require a master's/doctor's degree (or five years' relevant experience after obtaining a bachelor's degree). Note that this requirement is the requirement of the job, and a high degree of education may not be able to apply for such a job. Most students at the altar are in this category, including Perm and NIW, and they need labor paper ETA-750. Conventional PERM means that the application is submitted by the employer and needs to be approved by the labor paper ETA-750 first. NIW is the so-called national interest exemption, which means that the work you are engaged in is of national interest to the United States, so you need to apply for an exemption paper (but you still need to submit ETA-750B). NIW application does not need the support of employers, and beneficiaries can apply for it themselves. The exemption here only refers to the exemption of service paper. Everything else is exactly the same as a perm. EB-3-a Professional (EB-3) refers to a position that requires a bachelor's degree (or two years of relevant experience without a degree). Again, this is the requirement of the post. This kind of application is similar to EB-2 perm, but the degree requirement is slightly lower. Because of the labor thesis, the application must be submitted by the employer. No NIW. As can be seen from the above, the employer's application types are EB- 1b, EB-2 PERM and EB-3; And their own applications are EB- 1A and EB-2NIW. Of course, EB- 1 is the fastest, because the timetable is always current. If it is successful, it will take no more than six months from the beginning of application to getting a green card. EB-2 takes the second place, usually between 2 and 3 years. EB-3 will take longer, about five years. If there is a name check problem in the application process, no one can accurately assert the delay caused by it. People who don't know the requirements for applying for a green card often mistakenly think that they can apply for EB- 1, master can apply for EB-2, bachelor can apply for EB-3, and doctor can apply for e b-3. In fact, there is no degree requirement for applying for EB- 1, and any degree holder or person without a degree can apply. Although EB-2 and EB-3 have degree requirements, many people misunderstand that they can apply for corresponding categories as long as they have this degree. That's not true. The requirement of this degree refers to the requirement of the position for the degree. For example, if there is a position that only requires BS, even if you have a doctorate, you can only apply for EB-3 of that position-unless the employer can change the position requirement to MS, or you can find another job. -Pay attention to this. You don't have to get this degree in America. For those with insufficient academic qualifications, work experience can be the top priority, and work experience outside the United States is also counted. But this experience must be gained in another company or another position. You can't advertise for five years' experience just because you have worked in this position for five years now. Another common misunderstanding is about NIW. As mentioned above, NIW belongs to EB-2, which is the same as similar perm scheduling, except that it does not need to apply for labor paper. Because it took a long time to apply for labor paper and I-485 was processed quickly, NIW can save time than EB-2 perm. With the acceleration of perm treatment and the delay of I-485, NIW's advantage in time is getting smaller and smaller. The advantage of NIW is that it does not need the support of employers, so it becomes the first choice for students who have a subtle relationship with their bosses. In this way, even if you change jobs within 180 days after I-485 is submitted, there is no risk. In addition, because there is no requirement of ETA-750, advertising costs can also be saved. However, NIW has a big problem and two big holes. The trouble is to prepare 6-7 letters of recommendation, and only those who have experienced it can understand the pain. These two key points are often visited by RFE of Immigration Bureau. Try to prove why you can't apply for a perm, or try to prove that your job has a national impact on American interests. If you start advertising to apply for a perm when you start to contact the letter of recommendation, it will not only be faster than NIW to get a perm (the schedule starts from the perm), but also save trouble (you don't need to wait for the letter of recommendation, and you don't have the two major RFE worries mentioned above). Some students asked, can I submit different I- 140 applications at the same time? The answer is yes. But please note that some different applications will bring unexpected results. If you apply for EB- 1a and EB- 1b at the same time, it doesn't matter, there is no conflict. If you apply for PERM (EB-2/3) after applying for NIW, it seems logical for the Immigration Department to reject your NIW. Why? Since you can and are applying for a perm, that means you don't necessarily need NIW. Also, when you apply for PERM, if you have EB-2 and EB-3 at the same time, then you are attracting the special favor of the Immigration Bureau (possibly DOL will be audited). Because the same position should not have different degree requirements. It should also be noted that the intention expressed when submitting I- 140 supported by the employer is that the beneficiary will work for the employer after getting the green card, and the beneficiary is not required to work for the employer when submitting I- 140. Therefore, NIW is not the only way out for students at school. Because of AC-2 1, the beneficiary can change his employer after submitting I-485 (see "I-485 changes his job after approval 180 days"). Technically, an employer who has never worked for you can apply for a green card for you. The main thing is that when your I-485 is approved, you must have the same or similar job as I- 140. That's all. Due to the application supported by the employer, the employer submitted I- 140. So the lifeblood is in the hands of others. Before I- 140 is approved, the employer may withdraw it at any time; After I- 140 is approved, the employer can also cancel it within 180 days after you submit I-485. If your I-485 has been pending 180 days, then you have nothing to worry about. So people usually change their employers after 180 days, although you don't have to change (as long as the employer promises not to withdraw I- 140). For EB applications, the number of people born in Chinese mainland is 9,800 per year (17% of 40,000). Among them, 1, 2 and 3 each account for 28.6% (the rest are for religious and investors). Places that can't be used up in one year can't be carried over to the next year, but places that can't be used up in the previous category can be transferred to the next category for use in the current year. The year here refers to the fiscal year starting from June 10 every year. Due to the above quota restrictions, the concept of scheduling was introduced. The so-called scheduling refers to the first day of the green card application. If you apply for a perm, it is the day when DOL receives the application for labor paper; Otherwise, it is the day when USCIS receives the I- 140 application (or the day of EFI filing). Professional immigration application is divided into two steps, I- 140 and I-485. I-485, which can only be submitted when the beneficiary's schedule is current; Only if the beneficiary's plan is up to date can it be approved. Family-based immigration is a completely different situation. Applicants for relative immigration must be American citizens or green card holders. American citizens can apply for spouse, children, parents, or siblings to immigrate; For green card status, only spouses or unmarried children can apply for immigration. The number of relatives emigrating is 226,000, and applicants born in Chinese mainland also have time scheduling problems. The categories of relative immigrants are as follows: FB- 1 unmarried children of citizens (the quota is 23,400), FB-2A green card spouse, and unmarried children under 2 114,200 x 77%) 21year. This is seriously misleading! If you marry someone with a green card, and then your spouse applies for a green card for you, it falls into this category. If you are already in the United States, after your spouse applies for you, you must keep your legal status for about five years before you can enter the second stage of the green card I-485. If you are still abroad, you have to wait about five years before you can apply for an immigrant visa. During this period, it is difficult to obtain any non-immigrant visa to come to the United States unless it is H- 1/L- 1 (you can apply for V after three years). A good choice is to wait.