Need to wait all 6 years of H1B before applying for GC?

[vara123123]

Hi all,

I am currently far away from the GC process as I am currently on OPT. However, in order to anticipate the future, I ask: does one need to be on H1B for the full length of 6 years before applying for a green card? Or is a GC application warranted even as early as 1 year into the H1B?

Thank you kindly,
Vara

[jairichi]

A GC can be filed even when one is not in US in any status. GC is for future employment.

[JoeF]

H1 and GC are independent. One does not need to have an H1, nor even be in the US, to get a GC.

[rahul412]

GC process can be started at any time.

[vara123123]

Thank you all for the responses! I should clarify-if one is applying for employment based GC via eb1 or eb2, does that change your response to my question? Is it simply up to one's employer to decide when a green card application is filed?

Thank you! 

Vara

[jairichi]

Thank you all for the responses! I should clarify-if one is applying for employment based GC via eb1 or eb2, does that change your response to my question? Is it simply up to one's employer to decide when a green card application is filed?

Thank you! 

Vara

No.

[JoeF]

The answer stays the same. Why in the world do you think it would be different?

A GC is completely independent of other visas, and a person doesn't even need to be in the US for the GC process. Period. End of story.

[rahul412]

Thank you all for the responses! I should clarify-if one is applying for employment based GC via eb1 or eb2, does that change your response to my question? Is it simply up to one's employer to decide when a green card application is filed?

Thank you! 

Vara

Yes.

[care_candidate]

It is good that you asking questions. I am at last step of GC and I found that most important thing is to ask questions all the time. Try to ask timeline to you attorney, most likely he is not going to give you anything but try to develop plan of action, understand procedure, your options, fallbacks, anticipate future actions, and most important alway I repeat always keep all documents in order.

[JoeF]

It is good that you asking questions. I am at last step of GC and I found that most important thing is to ask questions all the time. Try to ask timeline to you attorney, most likely he is not going to give you anything but try to develop plan of action, understand procedure, your options, fallbacks, anticipate future actions, and most important alway I repeat always keep all documents in order.

 

Pretty much anybody who gives you a timeline is lying...

Things change often, and it is pretty much impossible to provide realistic timelines, unless the PD is current.

[vara123123]

Thank you for the answers all