Green Card Process Start Date

[GChelp2012]

Hi Everyone,

I am beginning my 4th year of H1b visa (starting October), however I will be changing employers in a few months. My current employer is willing to sponsor my GC however, I have found a better opportunity. The only catch is that they will start my GC process in Jan 2014. Based on my calculations, my H1b will expire Oct 2015 or this will be the end of my 6th year.

My question is: is Jan 2014 too late to start the green card process given my H1b will expire on October 2015? Am i taking a risk here? With everything included, how long does it take for I140 to get approved?

Thanks so much for your help in advance.

[catx]

Typically it takes about a year for PERM labor certification application preparation, filing, and approval and I-140 petition filing and approval when there are no audits, issues, etc. Specifically, it will take about 3(+) months for your employer to prepare a PERM labor certification application with the Prevailing Wage Determination (PWD), recruitment, etc., and then around 90 days for Department of Labor (DoL) processing and approval (current time, assuming no audit), and then another 6 months for 1-140 petition USCIS processing and approval (again, current time, assuming no issues). Bottom line, the earlier the process is started the better (also for getting your Priority Date). ~19 months should be okay (even if there are some bumps in the road).

[GChelp2012]

anyone please?

[GChelp2012]

Thanks for your response, so all in all if they start in Jan 2014, best case scenario I should be good? Also, once the I140 has been approved, how long does it take for the H1b to be extended. From my research, it shows that it can be further extended for 3 years again. Is that correct, or is it one year at a time?

Thanks again!

[catx]

Thanks for your response, so all in all if they start in Jan 2014, best case scenario I should be good? Also, once the I-140 has been approved, how long does it take for the H-1B to be extended. From my research, it shows that it can be further extended for 3 years again. Is that correct, or is it one year at a time?

"If they start in Jan 2014, best case scenario I should be good?" The operative word is "should". Every case is unique, and considered by the Department of Labor (DoL) and USCIS as such, so there is no way to reliably predict what is going to transpire during processing for an individual. Issues can arise. The one fact is, as stated before, the sooner the permanent residency (green card) process is started the better.

With an approved I-140 petition you are eligible for successive 3 year H-1B visa extensions, each one of which you can apply for 6 months prior to the expiration of your current H-1B visa. If you have applied for an H-1B visa extension, but it has not been approved when your current H-1B visa expires, there is a 240 day period in which you can stay in the U.S. and continue to work for your employer to allow for USCIS processing (but you cannot travel outside the U.S. if you go into the 240 period after your current H-1B visa expires).

[GChelp2012]

Thank you very much for your response. We're not always in a situation to negotiate when the green card process can start, so estimates become helpful. I just want to make sure, it's not too late.