When to start the GC process on H1B.

[Pearlsd]

Hello,

I am working with an employer since last 2 months (Sep 2019 on OPT and Oct 2019 on H1B). I want the employer to file my GC. Please let me know if there is certain time period that USCIS needed that I need to be on H1B before the employer files for a GC. And how much time it takes to get a H4 EAD for my spouse. Will the processing be faster if the GC is applied in premium processing.

[User099]

You dont need to be on H1B to file GC and they can file any time depending on what kind of Job you have and your previous experience. It will take roughly a year to 18 months for your PERM and I-140 to be approved and 6 months to get H4 EAD. This is just a rough estimate.

[Pearlsd]

Thanks a lot for your advice !

 

[VV202020]

On 10/16/2019 at 5:06 PM, User099 said:

You dont need to be on H1B to file GC and they can file any time depending on what kind of Job you have and your previous experience. It will take roughly a year to 18 months for your PERM and I-140 to be approved and 6 months to get H4 EAD. This is just a rough estimate.

Hi, I have the same situation . Could you please give more details about how to apply for GC if I am not going to ask my employer to apply for me?
I am currently with H1B visa starting from October 2019. Thank you 

[User099]

If you want to file under employment based, you need an employer or you need to have some "exception ability" to file on your own. If your employer is not filing for you, you can find other employer who can file for you as a future employment.