regd GC processing in the last 5 months of H1 Visa


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Hello Friends,

Just wanted to check your views on this. I have a little around four and half months of time left before my 6th year H1 Visa gets completed. My company seems to be considering GC for me . My only consideration was if labor gets approved and i140 gets approved than there can be extension of either 1 or 3 years on H1. Can someone please answer this questions.

1) Are there any chances of both labor and i140 happening in 4 months. Is it worth considering GC now as for GC I have to pay the expenses myself.

2) I was told that for posting Advertisements and doing all the paperwork for Green Card before actually applying for Labor itself is taking anywhere around 2-3 months. Is that correct. But also one of my friend is saying that for EB3 Advertisement and the paperwork can be done in short time and need not take that long. For EB2 it can take very long. Is that correct. So if done in EB3 is there a chance for labor and i40 happening in 4 months. I want to check how the time lines are now.

Can someone please advise.


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According to current timelines, the minimum you need to get your labor approved is 4+ months. It is true that advertising itself has to be open at least 2 months, doesn't matter EB2 or EB3. And PERM is taking about 2.5 months these days, can vary in the coming months,

If you are lucky and you have your employer and lawyer treating your case with highest priority, you can apply for PERM in 2+ months, 2+ months for PERM approval, 10-15 days for preparing and applying I-140, 15 days for I-140 approval in premium. Add all these up and you just cross your maximum valid stay of 6 years.

Ofcourse anything can happen on the way, you may get your PERM approved in 1 month or one may get RFE and the case will be stuck for over a year. In processing times (till I 140), there is no difference between EB2 and EB3. Depending on the job responsibilities, one category may stand a better chance of approval than the other.

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