Why not to file GC now and wait for a few years?

[vkgandhi84]

Hi,

I'd like to provide some back story and enough information before asking questions.

I work for a private but non-profit institute.

I got my Master degree in Computer Science from the same university and after that, university hired me as Systems Analyst / E-Mail Specialist. My H1B started in December 2010.

I figured that most of my friends already filed for GC and I was left behind. This made me curious and found out from know sources that its usually a queue that holds GC file (EB-2 category) which is behind 4 years from present time. So, I requested my employer to file my GC and they are suggesting me that we still have enough time and we can still renew H1B by the end of 2013. They are also saying that we can file for GC in year 2015.

I have following questions about this and I'll really really appreciate if someone can guide me over this.

1) What could be the reason for not filing GC now and delaying it upto 2015? I have extra certification in the field of security that I believe is surely an advantage for us as I work for University I.T. Security department.

2) Will it be too late to file in 2015?

3) What is usually a reasonable time for both the employer and an employee to start GC process after employee gets H1B?

4) Are rules for private/government non-profit universities (employers) different than those for corporate employers in terms of filing GC for their employees?

5) Can I renew my H1B second time once I used up all 6 years on H1B (including first renewal)? If yes, how and under what conditions?

Thanks again for taking time to read my very descriptive post and attempting to answer my questions.

[pontevecchio]

1. Their rules and choice. 2. Possibly not. 3. The sooner the better. 4. No 5. Read up about the matter in the Murthy website. But broadly PERM pending 365 days or I-140 pending 365 days means 1 year H1 extensions beyond 6 years and approved I140 means 3 year extensions.

[t75]

They must go through PERM and your job is a very desirable one.

[vkgandhi84]

Thank you so much for the guidance. This indeed is very helpful.

I did little more research on my own and trying to resolve a few queries about priority date.

What exactly the priority date mean?

I found a docuemnt from USCIS website that keeps updated list of priority dates for every month where I saw priority date is 8 years behind current date. What does this represent?

Thank you again for the previous replies.

[pontevecchio]

Your PD is the date your PERM is filed aka Labor. The visa bulletin gives you a rough idea about the wait. EB2 for India will most likely move up again though by how much it is not possible to say. You will still look for a few years of wait.

[catx]

Respectfully, there is A LOT about the U.S. immigration process you need to learn. It is best to get that information from an authoritative source, notably a consultation with a qualified, experienced immigration attorney (and not rely on what you read on the Internet).

That being said, in answer to your questions ... your priority date (PD) is the date your immigration process starts. For employment based (EB) immigration it is the specific date a PERM labor certification application is filed with the Department of Labor (DoL) for you by your employer. You cannot file for actual permanent residency (green card) adjustment of starts until (1) you have all the necessary series of approvals (e.g. PERM labor certification application , I-140 petition), and (2) your priority date is on or before the EB category date published in the monthly Department of State "Visa Bulletin" (referred to as being "current"), which as you have noticed at present is many (many) years from now. (This is why the overwhelming advice is to start the permanent residency (green card) process as soon as possible if you are serious about, and committed to, immigrating to the U.S.)

[vkgandhi84]

Hi,

This information was very very useful. Thank you so much for the guidance.

[vkgandhi84]

I actually have few more questions after having conversation with my employer about this process.

I was asked if I am aware that employer needs to pay me prevailing wage for this filing. And I am not sure what exactly it is.

Can some one please provide me some guidance on what actually it is?

How does it affect GC application for me?

How do I find out what prevailing wage will employer need to offer me? - I am not sure if I am already getting it or they'll have to think about it in case it will be much more higher than what I am getting right now. I am little concern because a big increase might affect their decision to file GC for me.

Thank you again for previous guidance and looking for some more comments on this question.