H-1B to GC

[vallavan]

Thank you so much for all help on my previous question (specifically T75, Jairichi and JoeF!).  Had another topic I was hoping the forum could help  

 

1. Had been working in the US previously on H-1B. Have about 2 years and 3 months left (difference between H-1B approval date on I-797, and day I left company/H-1B withdrawn). Got my I-140 approved at this time as well – 2008 priority date which is current right now (I am a Malaysian citizen)

 

If I can get a job with employer willing to transfer my H-1B, How long would it typically take to get the GC from this stage, (Looking to get future employer my I-140). Can someone describe the application process briefly as well? Wanted to find out if I can get it all done with the 2 years 3 month runway I have on my H-1B clock

 

1. Another route I am interested in pursuing is doing a 10 month masters program and then shifting to OPT while applying for a fresh H-1B. Under the new H-1B, can I still use the priority date from my previous I-140 approval (I-140 is independent of the H-1B yes?). This route will add a few more years to the green card process though I would assume..

 

Thanks!

[JoeF]

Since you have an I-140, it is very unlikely that an F1 would get approved. An F1 does not allow immigration intent, but the I-140 shows that you have immigration intent.

[vallavan]

Good point, however I did get it approved once for MBA after I140 revoke (stamped at the consulate in my home country), and now would have spent 1 year in my home country, so hoping things would work out with that.  

 

Any thoughts on the rest of the questions?

[JoeF]

Good point, however I did get it approved once for MBA after I140 revoke (stamped at the consulate in my home country), and now would have spent 1 year in my home country, so hoping things would work out with that.  

 

Any thoughts on the rest of the questions?

 

You may have gotten a nice officer at that time. And what happened years ago is rather irrelevant for today, anyway.

Things have changed, due to abuse by others. It is way more strict nowadays.

So, forget about changing to F1, in particular since you are openly talking about immigrating ("How long would it typically take to get the GC from this stage.) Consular officers are trained to find out about immigration intent of the applicant, and you are likely to "spill the beans", everybody who isn't trained in psychology does.

 

immigrating

[vallavan]

Got point. Will not do F-1 for immigration purposes then, thanks

 

Any ideas on the H-1B questions posed? Thanks!