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How long to get a Green Card from H1B?

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  • How long to get a Green Card from H1B?


    I am currently under a H1B that I just renewed in June 2006 for 3 more years. My company can sponsor me for the Green Card but I don't know what are the steps and how long each step is taking.

    If anyone can help?


  • #2

    I am currently under a H1B that I just renewed in June 2006 for 3 more years. My company can sponsor me for the Green Card but I don't know what are the steps and how long each step is taking.

    If anyone can help?



    • #3
      Please review the following website. It outlines the steps required to immigrate through employment (H1-B in your case).

      I have a friend who applied for his green card after being on H1-B for 6 years. He is still waiting due to a really long backlog... He has been waiting for over a year now, so except something is done about the backlog, you should expect about the same time frame.


      • #4
        A few years back I changed from H1-B to PR. The process took 2.5 years from start to the day I received the actual card (approval and stamp in passport took 2 years). If I remember correctly, the process had three parts. One was obtaining the local state labor certificate. Took 12 months (depends on state by state), then the Federal labor cert (took 6 months) and then the final PR approval.

        The entire process was handled by an immigration attorney retained by my then employer. It cost me nothing and if you work for a large corporation, most times, they have in house attorneys doing this task for HR departments and/or have aggreements with local firms to do the work.

        I suggest you find an attorney or ask your employer and HR to work with one they have used in the past.


        • #5
          I have a question related with transferring from H1B to Green Card.
          Can the employer of H1B visa holder intend to hire him/ her permanently and file a Green Card for him/her?
          Does work experience w/ the same employer counts toward Green Card consideration?
          How about education qualificationi earned during the employment? Can the employer consider this educational qualification for Green Card?
          Could somebody shed some light on it? I am totally confused.


          • #6
            My one friend has applied for a green card to,and his company will pay for all the cost.Usually its shared and can cost up to 2 grand or more.

            It will take over 2 years....and you will go through an interview as well though.
            My advice,you might as well file now.Or your company who sponsers you.

            My friend also just renewed his 3 years visa,and at the same time they applied for the greencard through a company attorney and he said.You better do it now,because it can take over 2 years for sure.
            So you wanna be on the safe side...and not be stuck between expried work visa and waiting for green card


            • #7
              The type of visa you'd qualify for is most likely one the EB visas (EB 1-4) check them out to see which one you are eligible for. Based on what I've seen, the average time is 2 years. The form you need to file is I-140, but if you are doing that through lawyer they'll take care of it.

              I suggest you start the process as soon as possible.




              • #8
                Thanks folks. I am still expecting answers on experience that we count on with present employer for green Card Purpose.
                Thanks in advance.


                • #9

                  The employer you petitioned for your H1-B can also petition and sponsor for Permanent Residency. Work experiences with the current employer who sponsored the H1-B will help and work towards the PR application. When seeking employment based sponsorship, education qualifications are used to validate the sponsorship. For eg. if a 4 year degree is required to do the job, then evidence of a 4 year degree is required and your sponsoring employer will use that information to formulate the case for sponsorship. As suggested by one of the posters, you can ask your employer to start the petition and sponsorship process now even though you have three years to go before your current H1-B ends. As far as work experience goes, for eg. if you are a programmer and are working as one, the employer wishes to sponsor you for PR and will retain you as programmer/developer then you current work experience and any other related to programming will be used to account for your experience including those acquired from previous jobs. When your employer sponsors for PR, the employer is basically stating to the government that you have a skill which is desired and useful and valuable enough to get you sponsored for PR. The process involves proving to the government that the postion you work for is difficult to fill and has remained open for a period of time. Usually such material is gathered by the lawyer facilitating your application. HR departments in most cases can tell which reqs are open and how long and the amount of interest and applications received for that position. If you have a welcoming and open employer and your HR department is 'friendly' enough the attorney can work to create the appropriate document to give your PR application a solid footing for approval. In the US, the shortage of medical professionals is well know and the USCIS will usually approve a request when such can be proven. IT professionals too have the luxury, however, the broad range of qualifications require qweaking to better suit the PR application. For eg. if you are senior IT guy and the position states a graduate degree, and you have one, then the chances are you will be approved. However, if you are a low paid IT generic programmer with not many differentiating skills then the chances are low.

                  It the end, a good attorney with good experiences in PR petitions will be forthcoming and tell you and your employer if you can be easily granted the approval or would it take a lot of 'customization.

                  Good Luck!


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