Some questions about starting the GC process- EB2 category/PhD degree holder

[sushruta]

Husband works for a small research company ( only 13 people but company surviving for over 10 years). Obtained MS/ PhD degree in the US (due to his professor’s indifference, no papers published). First H1B expires at the end of September 2012 and the company has filed for an extension. His employer has been asking about future plans but we have just started thinking about the GC process. Assuming his employer is willing to sponsor his GC ( EB2 category), I have the following questions:

• What is the approximate cost (rough estimate will do) of the entire GC process? Is it possible to offer to pay part or the entire amount if cost is a consideration for the employer? ( I read that you cannot pay for Labor certification but what about the rest of the process?)
  
• I have read up on the basic steps of the GC process (Labor certification, I-140, I-485) and what each of them entails but I have heard people mention that the GC process is frustrating. What exactly is the most difficult aspect? Is it just the wait time?
  
• I know the time frame varies a lot but if I start the process by the end of this year, is it safe to assume that the process will be completed by 3-4 years or can it take longer?
  
• How much of the paperwork burden is borne by the company and how much will we have to do? (In case of H1-B, most of the work was done by the company lawyer and we only supplied the documents they asked for). The reason I ask this is, if it is a stressful process from our side, we might consider not filing for GC and leaving the country?
  
• Which of the steps is the most time consuming? (I have read about the priority date and I checked on some website and it says it is current up to June 2010? )
  
• While I am waiting for the steps in the GC process, is it the same status as living on H1-B/H-4 or are there any additional travel restrictions or other restrictions? ( I understand that you have to stay with the same employer during the process)
  
• Approximately how soon after starting the process will we get EAD and the travel documentation? Does that make things a little easier?
  

Thanks a lot for your patience in reading and appreciate any helpful responses.

[shandan]

• How much of the paperwork burden is borne by the company and how much will we have to do? (In case of H1-B, most of the work was done by the company lawyer and we only supplied the documents they asked for). The reason I ask this is, if it is a stressful process from our side, we might consider not filing for GC and leaving the country?
  

I really do not want to sound arrogant or discouraging, but the fact that you would consider leaving US, because of the stress for documents, then I would suggest do not bother filing for GC as what you have heard is correct it is not an easy process, and even if you call just wait, it is never just wait, there will be numerous life decisions which you would have to either put-off or give up during the wait if you are serious about getting the GC.

So unless you are steadfast in your commitment to be a Permanent Resident, then save yourself the trouble.

In all fairness this is just my personal opinion, and again I do not want to discourage you in any shape of form, all I want you to know based on my personal experience is: the stress for documents is insignificant in comaprision to the toll the process take due to the years it takes to culminate.

Good Luck!

[sushruta]

Thanks a lot for your responses omshiv and shandan

@ omshiv: There is one thing I don't understand- if the current priority date is August 2007 won't it take much longer than 3-4 years to get the green card or is there something I am missing?

Secondly, I seem to have read that if you leave your current employer, then you have to do the first two steps again even though you can keep your priority date- is that correct?

Ah, so the wait for EAD is linked to the PD- I thought that part of it might be done earlier- thanks!

@shandan: Thanks for your opinion- I am not discouraged and I didn't mean to say slight stress with paperwork will make me abadon the process- still I would like to think that applying for PR is an option-not a desperate attempt to cling to something and so I would like to know the tradeoffs in advance if possible. For me, the it is important to know if I should invest energy and resources into the long term process of the GC or use it to pursue other options like seeking employment back in India or in another countries. Appreciate your honest opinion though:)

[chakrakr]

Cost of PERM absolutely has to be paid by Employer. 140 and 485 may be paid by Employee . The Attorney+Filing+Medical cost for 140+485 will be around the range of 7- 8 K.

Paperwork -- your attorney will do all paperwork but you will need to supply Educational degrees, Experience letters, marriage certificates and borth certificates

Stress --- Yes , particularly the wait after 140.

You are right, the wait time for PD to be current is likely to be more than mere 3 - 4 years. It is probably 5 - 6 years for EB2 -India. You can avoid H1/H4 and go for AP/EAD once your PD is current and you file for 485. You can also change job and continue the same GC process once 485 is filed and pending for 180 days.

[sushruta]

@chakrakr: Thanks a lot. That was very helpful.

[shandan]

@sushruta I am glad that you took the post in its correct spirit, all I wanted to convey was that, it is not a piece of cake process, and like when people say it can take from 3-6 years and even more it is a reality, and that wait time is not plain waiting, you still need to be in a status H1B or what not, or may be go back to India and wait there, if you decide to be here and file for I-485 (AOS) then you do not have a timeframe for approval of your AOS, then if you do not maintain a back up visa to fall back on you are in other risk of being out of status if for any unforseen reason the I-485 is denied, it is not an impossible process but is definitely not an easy road, if you comit to it and make a promise to yourself that you'll go through it all the way then, everyone here is there to help you along the way, as we all are either in it with you and/or have gone through it and understand what it takes. GOOD LUCK!

@omshiv I was only qouting the OP, as she termed the paperwork as burden, all I wanted to say was that: "the stress for documents (if one considers it as stress) is insignificant in comparision to the toll the process take due to the years it takes to culminate."

[catx]

<p>

<br />

... what you have heard is correct it is not an easy process, and even if you call just wait, it is never just wait, there will be numerous life decisions which you would have to either put-off or give up during the wait if you are serious about getting the GC

</p>

<p>There are many good points in this topic (especially shandan's quoted above).  A couple additional points to add to the discussion ...</p>

<ul>

<li><em>Do not be optimistic about the time frame.</em>  Each of the steps in the overall process can easily take 6+ months for approval.  This includes H-1B / H-4 visa extensions to stay in status (and it is <u>very</u> important to stay in status throughout the process).  The most important point about time frame is your priority date versus the current priority date in the Department of State monthly visa bulletin.  The priority date in the upcoming visa bulletin (which is the first of the new fiscal year and the fresh quota) has been predicted as far back as 2006 for EB-2 India (we will know next week), so an overall time frame of 6-7 years is not unrealistic.<br />

  </li>

<li><em>Plan ahead</em>, especially with respect to keeping in status.  Know your visa and I-94 expiry dates, what actions are needed next (such as H-1B / H-4 visa extensions petition filings), and the associated processing times.  Do things as soon as you can,<br />

  </li>

<li><em>Keep it simple, and follow the prescribed process</em>.  Try to not make any unnecessary changes, such as changing employers.  Such changes only serve to complicate the process, and can lead to additional delays and other problems. Under this heading, make sure you have a good relationship with both your employer and the attorney (whether theirs or yours) handling the process.  Also, while not expecting anything to the contrary, always be honest in your immigration filings.</li>

</ul>

[sushruta]

Thanks @shandan and @catx.