Hi all,

So I'm on the end of my H1B time and employer is playing with Green Card (PR). The lawyer seems to be full of it (works for the employer, not me) and I could do with your opinions on the timescales involved.

Step 1 - Labor Cert app filed with DOL in Aug 09 - lawyer says will take 6-12 months (if no audit).

Step 2 - If we get Labor Cert approval then I-140 petition to USCIS - lawyer says takes approx 4 months.

Step 3 - If immigrant visa number available for my category (EB-2?) then can file for I-485 at the same time as Step 2 - lawyer says it will take 2 years.

This seems to make the quickest route being 2.5 years and the longest (assuming audit makes DOL 1.5 yrs) 4 years.

So what is the received wisdom of the BE massive? Is the lawyer full of it?

Hi:

Sigh -- it is normal for every client to ask "how long" and it is impossible to tell -- you can only give what the situation is today.

First of all, I have no idea if you qualify for EB-2.

Second, the "it seems..." paragraph. Did the lawyer really say that? I'd be surprised if she said that. To be frank, I don't see the connection between the time estimates you say the lawyer gave and then that conclusion.

In talking about time estimate, it pays to remember that "dice have no memory."

The reason for asking is that it is pretty clear to me that the lawyer works for the company and not me - the company has a natural desire to delay proceedings as long as possible as I can only work for them on my H1B.

The lawyer has put me in for the EB-2 so I assume their assessment of my Masters and 18 years work experience is such that they feel I qualify.

"it seems" is my verbiage - I worked on the quickest time which was 6 months for Labor Cert with DOL and then 2 years for I-485 (with I-140 running at the same time). The longer duration was 1.5 yrs DOL, 4 months I-140 and 2 yrs I-485.

Basically I am trying to see if the company's lawyer is giving it to me straight.

The lawyer's opinion seems fairly accurate. I would estimate at least a year for PERM, and maybe slightly shorter than 2 years for the combined I-140/485. You can check CIS processing times yourself here: https://egov.uscis.gov/cris/processTimesDisplay.do.

Thanks for answering - looks like 3 more years with existing employer or say goodbye to the green card. I think it might be the latter.