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H1B To Green Card Question

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Can someone tell me how long one has to be in the USA on H1B status before your company can start proceedings for a Green card/permanent residency?

This will be the same company that sponsored the H1B, willing to sponsor the Green card application.

 

Please also explain this process to me.

Thank you.

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Can someone tell me how long one has to be in the USA on H1B status before your company can start proceedings for a Green card/permanent residency?

This will be the same company that sponsored the H1B, willing to sponsor the Green card application.

 

Please also explain this process to me.

Thank you.

 

They can start right away if I understand it right. The sooner they start the better since it is a looonng and horrible process.

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Guest Boer08

I am also doing my research on the H1b to Green card now. As C185 said your company is elligible to apply as soon as you receive your H1b, but seems like most people wait till their H1b's expire, cause they have to advertise your position and if someone fills the position then you have to leave the country or find a new H1b sponsor.

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This is like asking how long a piece of string is! :rolleyes:

No one can give you a definite answer! Not even USCIS.

 

Technically, you can start the GC process soon as you get your H1B. The sooner you start the better.

However, you cannot start the process yourself so it will depend on when your employer feels the time is right.

The time scale will depend on how many GC numbers for your country are available each year.

 

We applied in 2007 and they are only processing 2005 now.

We used the H1b period plus the 2 allowed extensions before we applied and we now run the risk of my daughter 'aging out' (turning 21) before we get our cards. She was 9 when we arrived in the USA.

 

There is a site that allows you to see how the GC apps are being processed. Sometimes they seem to be doing well and then suddenly they regress by 3-6 months. Very worrying!

 

We received our EAD cards (Employment Authorization Document)in 2007 and they have to be renewed every 2 years.

Our driver's license is also dependent on this document and has to be renewed every 2 years.

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As a U.S. immigration attorney who works on these types of cases I just wanted to clarify something that one of the above comments incorrectly stated.

 

Starting the Green Card process via the required advertising/recruitment while one is on an H-1B will not affect your current H-1B status in any way. The H-1B process is completely separate from Green Card advertising. If Green Card advertising results in job applicants, that only means that there may be problems in terms of continuing the Green Card application process however it will in no way mean that your H-1B is no longer valid.

 

The H-1B process has nothing to do with proving that there are not other available U.S. workers for a specific job.

 

In terms of a general overview of the complex EB-2 or EB-3 Green Card process in which most persons on H-1B's usually qualify the process begins with the recruitment/advertising phase and a Labor Certification filing with the U.S. Department of Labor. This process is key as it sets the tone for the entire Green Card process and whether it will eventually lead to a Green Card years down the road. If this process is not handled correctly then a lot of time and money will be wasted.

 

Once the recruitment phase is satisfied then an I-140 application can be filed with the USCIS which qualifies the individual as a worker with the specific employer. Then after this process is approved there is normally a rather long waiting period until a Green Card is available. One can look at the waiting periods by visiting the Visa Bulletin that is posted each month via the following website, http://travel.state.gov/visa/bulletin/bulletin_1360.html.

 

Once your 'priority date' is current in your particular EB classification you can then file the last part of the Green Card application, the actual application for permanent residency.

 

I hope this clears up any confusion and gives some more insight.

 

Hendrik Pretorius

www.pretoriuslaw.com

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Hi Hendrik or anyone else

 

What type of visa's do the family of already approved H1B visa holder apply for, and can we apply for it in South-Afica while hubby is already in the USA without him being physically present is South-Africa for interview at embassy?

He plans to leave for USA +- end of October and we would then join him beginning of next year round about March/April 2015. Our kids are 4 and 8 so we will apply to get passports and unabridged birth certificates etc. for them this week, because we both have to be present at home affairs to do that.

 

The problem is does hubby need to be present at US embassy in South-Africa as well because minor children?

 

Many thanks

Ilse

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This is an old thread but my question (as per different thread) on H1B to PR is this:

 

Once the I140 has been approved, approximately how long till one gets the EAD card, and does this allow you to move to other employment without needing to file for a new H1B each time?

 

I am confused about what the EAD card allows you to do and not do. I see it is renewable every 2 years, but is this employer-dependent or is it like renewing say, your drivers license.

 

I would not like to think we couldn't look for other (better) jobs until we physically have our Green Cards!!!!!

 

It drives me mad how Immigration Lawyers don't lay it right out in front of you so that you can make an informed decision, getting the full picture on this is like pulling teeth :(

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It drives me mad how Immigration Lawyers don't lay it right out in front of you so that you can make an informed decision, getting the full picture on this is like pulling teeth :(

The lawyers have little to do with what you know about your status. Your employer pays the attorneys so you are nothing to them really.

You should get copies of anything that changes - although we have heard of employers 'forgetting' to pass on information.

If you have a decent employer/HR Dept., he will instruct them to send you copies of all documents and to keep you informed about changes.

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It is a very difficult situation with lawyers and companies, although the lawyer that did our extension has been rather helpful when we have contacted him directly, actually more so than the HR department!!!!

 

Actually embarking on the PR process is daunting and a huge commitment, and part of me wonders why we don't just go to Germany where we are citizens and wouldn't have to deal with the stress and risk of the PR process.

 

I wonder what percentage of PR applications are denied - I would hate to go through all of this only to be told to leave. Aaaargh!

Edited by CChalmers

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Just to throw something else in here.

 

If your company has offices outside the US (even Canada or EU country since you have a German PP) and you have a managerial job, another path is to get transfered there for 12 months then re-enter the USA on a L1A visa which can be converted to a green card more easily (without advertising position).

 

Obviously takes more work from the company, but I'm led to believe it's an easier/smoother process.

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Hi Nikos,

 

that is an interesting angle, one I didn't think of - but it wouldn't work in our case. My husband is employed coaching college soccer, so this route wouldn't work. I can see why they say the USA is the hardest place to get into......

 

It also takes a rocket scientist to figure out the actual immigration process, it is so complicated and actually quite antiquated......

 

I'm starting to think DV lottery or go straight to EU!

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Hi Nikos,

 

that is an interesting angle, one I didn't think of - but it wouldn't work in our case. My husband is employed coaching college soccer, so this route wouldn't work. I can see why they say the USA is the hardest place to get into......

 

It also takes a rocket scientist to figure out the actual immigration process, it is so complicated and actually quite antiquated......

 

I'm starting to think DV lottery or go straight to EU!

To be fair you are only saying you think it's hard and EU is easy because of the route you took... If you had come in via a family or DV it would be easy. How did you get German citizenship? I'm sure that would be more difficult for me to get ;)

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SJ27 you are probably correct - I should've said that getting PR in the USA from an H1B is difficult. For sure DV would've been loads easier which is why we have entered that too.

 

My grandparents were German and they insisted we got passports as kids and I am thankful they did. It has allowed my kids to get citizenship too. We are very fortunate I guess :)

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