When can I start the application process for Green card after I start my employment with h1B?

Question

i.e. Is there a wait-time for which I have to be in H1B before I (or my company) can apply for Green Card.

How much does it usually take to get a Green card from the day application process is started?

Do most people get their green cards before their H1B expires? What if H1B expires while green card application is in process? Anyway that people can stay in USA?

Thanks!

Answer 1

There is no required wait time from H1B to Employment Based (EB) Permanent Residency (PR). However, it is multi-steps (involving Department of Labor, Department of State, USCIS and FBI), time consuming and expansive petition not to mention permanent that only Employer can file on your behalf. In that sense, Employer will take serious consideration when they make decision to process EB PR.

It usually takes from 3 years to 12 years depends on your job description, job requirement, education and work experience requirements.

Most of people start their green card after 2nd 3 year H1B and they do extend commonly 2 or 3 times more based on pending Green card processing.

http://www.uscis.gov/portal/site/uscis/m...

Thought this website would be helpful for you

http://immigrationvoice.org/index.php?op...

Answer 2

You can't apply for a green card with a non-immigrant H1b visa. After you work for the same employer for 3 years they have the ability to sponsor you for a green card but that is rare as hens teeth.

A sponsor makes themselves financially responsible for you for at least 10 years.

With an H1b or any other non-immigrant visa for that matter, you have to exit the country and then apply to return on a green card

Answer 3

Start the Green card application process as soon as possible. The Green card application is totally independent of the H1B visa. Read more about the process on this website: www.murthy.com

By all means, you would need to use an immigration attorney for the 1st and the 2nd stage of the GC application process. It is very important to find a good attorney as even a small mistake may cost you the green card. When I applied for my green card, my company hired an attorney and I did not know anything about him. To make sure that he was doing everything right, I also consulted with the immigration attorneys provided through the family legal plan at www.bestimmigrationlawyers.com. For only $16/month I got a very good understanding of the whole process and received unlimited consultations. At the 3rd stage of the GC process (the Adjustment of Status)  I could prepare and file the I-485 application myself just by using their consultations.

How long the process would take depends mostly on the degree that your position requires. For example, the company's attorney determined that my position requires at least a Bachelor's degree (even though I had a Master's too) and I apllied under the EB3 category. As there are more applicants in this category, I had to wait longer than the applicants in the EB2 category (where the position requires at least a Master's). That's why it is important to carefully consider all of your options and understand the process very well before you start applying. Hope this helps.