H1B to GC Process


mj129

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I am confused as to what the process is when applying from an H1B to a Green Card. Is this correct?

1. Apply for Green Card

2. Receive PERM (maybe after several months to a year?)

3. Receive I-140

4. Renew H1B yearly while waiting - does this mean that every time I renew my H1B, I am guaranteed to get approval?

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please consult a lawyer.

GC and H1 are two separate application process.

having a pending GC application does not guarantee H1 approval, but it gives you eligibility to apply H1 beyond 6 years subject to satisfying eligibility criteria.

GC is usually broken down into three major steps: LC PERM, I-140, and I-485. concurrent filing is possible depending on PD.

I am confused as to what the process is when applying from an H1B to a Green Card. Is this correct?

1. Apply for Green Card

2. Receive PERM (maybe after several months to a year?)

3. Receive I-140

4. Renew H1B yearly while waiting - does this mean that every time I renew my H1B, I am guaranteed to get approval?

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  • 1 month later...

If you don't mind, would like to use the same topic. Just don't want to create duplicates -

I am in my 6th year in US & just left 7 months on my H1-B & will expire in Jan 2013. Now my company is going to start my GC process. After going thru all topics & questions/answers, I am doubtful that I will be able to extend my H1 after 6 years.

I am still hoping for the best & I am sure there will be bunch of similar cases. Can someone shade some lights on this, if this is possible?

Regards,

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  • 2 weeks later...

Step 1: PERM (labor certification) is filed with the Department of Labor (DOL), versus the U. S. Customs and Immigration Service (USCIS). Preparation time by the employer and their lawyer with job posting / advertising, resume reviews, etc. is usually 3-4 months. The PERM application filing with the DOL sets the applicant's priority data (PD). The PERM application is also for a specific employment-based preference (e.g. EB-2, EB-3). Processing time with no issues, i.e. audit, is ~5 months currently. The processing time is published on the DOL iCERT Portal web site.

Step 2: Upon approval of the PERM application by the DOL, an I-140, "Immigrant Petition for Alien Worker", can be filed with the USCIS. I-140 processing times vary by service center, and are typically at least 6 months.

Step 3, Scenario 1: If at the time of I-140 filing there is an available visa (“C”urrent) for the employment-based preference and chargeability area (reference the Department of State monthly Visa Bulletin), then an I-485, "Application to Register Permanent Residence or Adjust Status" can be filed concurrently with the USCIS. I-485 processing times vary by service center.

Step 3, Scenario 2: (Typical) Following I-140 approval, when a visa for the employment-based preference and chargeability area becomes available (reference the Department of State monthly Visa Bulletin), an I-485, "Application to Register Permanent Residence or Adjust Status" can be filed with the USCIS. I-485 processing times vary by service center.

Additional Step: Upon I-485 filing, an I-765, “Application for Employment Authorization” (EAD) and I-131, “Application for Travel Document” or advance parole (AP) can also be filed with the USCIS.

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