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ssk6076

Regarding Green card process and guidance

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Hello,

 

My H1B started in 2009 and will end in 2015.

I had filed for GC with my employer A in 2011,but labor application was denied due to audit and other issues.

Labor application was again filed this year in July by the employer A in EB2 Category.

 

Now I have a job offer from employer B.

It is a full time opportunity.

I am yet to discuss the Green card filling process with the employer B.

 

Question:

Should I take the full time opportunity with employer B ?

I heard that I-140 should be approved before the 5th year ends, it helps to get 3 year extensions for next H1B extension?

How long does it take for the Labor to be approved ?

Do I have enough time to clear the labor process ?

Any other points that I should clarify with the HR team for employer B?

 

Please provide inputs on the above question, which could help me to make the right decision. 

Thank you for your help in advance...

 

Regards.

SSK

 

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Should I take the full time opportunity with employer B ? - Yes, because full time jobs are having more chances of getting GC cases cleared then contract jobs. They are also considered to be safe relatively.

 

I heard that I-140 should be approved before the 5th year ends, it helps to get 3 year extensions for next H1B extension? - Yes that true mostly.

 

How long does it take for the Labor to be approved ? - Usually process takes about 3-3.5 months to complete and get the labor in hand,

 

Do I have enough time to clear the labor process ? : Yes you do...

 

Any other points that I should clarify with the HR team for employer B? : You need to make sure that B files your GC (labor) as soon as H1B is approved and then immediately I-140. Even if I-140 is filed then you may get H1B extension. Its not required to get I-140 approved.

 

Hopefully that answers your questions...

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Should I take the full time opportunity with employer B ? - Yes, because full time jobs are having more chances of getting GC cases cleared then contract jobs. They are also considered to be safe relatively.

 

I heard that I-140 should be approved before the 5th year ends, it helps to get 3 year extensions for next H1B extension? - Yes that true mostly.

 

How long does it take for the Labor to be approved ? - Usually process takes about 3-3.5 months to complete and get the labor in hand,

 

Do I have enough time to clear the labor process ? : Yes you do...

 

Any other points that I should clarify with the HR team for employer B? : You need to make sure that B files your GC (labor) as soon as H1B is approved and then immediately I-140. Even if I-140 is filed then you may get H1B extension. Its not required to get I-140 approved.

 

Hopefully that answers your questions...

Labor process is taking on an average 240 days these days not 3-4 months as you stated. 

 

And I140 needs to be approved before end of year 6. The extn of H1B happens in two cases. Basically your H1B extn needs to be filed before end of year 6 and as per following conditions. 

 

Labor is pending for more than 365 days - You get 1 year extn.

 

I140 is approved - you get 3 years. 

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