5th year H1-B: applying for greencard too late?
May 20th 2002, 3:20 pm
#1
Guest
Posts: n/a
5th year H1-B: applying for greencard too late?
Hi,
I am a professor at a US college, on my 5th year on H1-B. I could either apply for a
greencard and try for priority worker status, or I could simply sit out my last year,
take a one year home vacation and start a new H1-B sequence. Suppose I go for the
greencard. The approval will most likely take longer than one year. Would I then
still have to leave a year from now, or could I lengthen my stay somehow? In case I
have to leave, would I be able to get another H1-B one year later even though I have
a greencard application pending?
Thanks a lot, Axel
I am a professor at a US college, on my 5th year on H1-B. I could either apply for a
greencard and try for priority worker status, or I could simply sit out my last year,
take a one year home vacation and start a new H1-B sequence. Suppose I go for the
greencard. The approval will most likely take longer than one year. Would I then
still have to leave a year from now, or could I lengthen my stay somehow? In case I
have to leave, would I be able to get another H1-B one year later even though I have
a greencard application pending?
Thanks a lot, Axel
May 21st 2002, 3:20 am
#2
Guest
Posts: n/a
Re: 5th year H1-B: applying for greencard too late?
Depending on a few things, including which green card strategy is best for you
(outstanding professor EB-1 or RIR), and depending on where you live, there is an
outside chance that you could be thorugh the I-140 permanenet resident petition stage
before your H-1B expires. (This would not be the case if you had to go through RIR)
If you were eligible for the EB-1 outstanding professor, and you received an approved
I-140 before your H-1B expires, you could then file for adjustment of status and
obtain work authorization. That would allow you to stay and work while your green
card case is being finalized and processed.
If you need to go through RIR, you will not be in that position within a year. You
could go back to your home country for a year, and by that time, you could most
likely be ready to come back on the green card rather than a new H-1B. (Green acrd
process would continue while you were in your home country) Alternatively, you could
laso look for a differnet non-immigrant categoryTESTpossibly an O-1?
If you woyuld like to know more about your options, feel free to contact me anytime.
Also, below please find some information on the RIR process, as well as an EB-1 as an
outstanding professor/researcher.
Regards,
Andrew M. Wilson, Esq. [email protected]
************************************************** ****************************
Green Card through Employment
In a minority of cases, an individual is either considered a top expert in her field
or is a categorized as a transferring manager or executive. In those cases, no test
of the U.S. job market is required. However, for most individuals, obtaining a green
card through employment is a three-stage process that involves the U.S. Department of
Labor (DOL), the Immigration and Naturalization Service (INS), and the U.S.
Department of State (DOS). The following are the three stages:
Stage I: DOL – Application for Employment Certification (AEC)
This stage involves the submission of an application for employment certification to
the labor department. The AEC process involves showing that the wage offered to the
alien will not adversely affect the wages and working conditions of other U.S.
workers in similar positions and that there are no U.S. workers who are able, willing
and qualified to work in the position offered. The DOL's review includes an
examination of the prevailing wages paid to U.S. workers in the position offered, and
a "testing" of the market place for potential applicants through advertising and
newspapers and magazines, as well as a posting of a notice of job availability at the
employer's place of business.
In this stage the Department of Labor is asked to determine that there are no
minimally qualified U.S. workers available in the geographical area and that offering
the job to the alien at the wages and working conditions proposed will not lower the
wages and working conditions for U.S. workers similarly employed in the area.
Stage II : INS - Petition for Immigrant Worker (I-140)
This stage involves the submission of a petition to the INS, which makes a review of
the alien's education and work experience to determine if the alien qualifies for the
position. Proof of the alien's education and experience is required, which may
include documents such as letters from previous employers, diplomas, membership of
professional association certificates, etc. These documents must prove that the alien
possesses the requisite minimum requirements to perform the job duties as described
in the AEC.
Stage III : Application for Permanent Residence (2 Options)
i. Option 1: DOS - Immigrant Visa Processing (IVP) (recommended)
This stage involves the submission of personal information about the alien and their
family members to the U.S. Consulate in the alien's home country. Proof of birth,
marriage, divorce, as well as a police report, submission of a medical examination,
and discharge certificate from the military, if applicable, are required. These
documents are provided to a consulate officer at an interview where the alien is
issued an immigrant visa for admission to the United States as a permanent resident.
Or
ii. Option 2: INS - Adjustment of Status (ADJ)
This stage is done by petition to the nearest service center of INS. Simultaneous
with filing this petition for ADJ, we also file for permission to travel pending
adjustment approval AND for employment authorization pending completion of the
process. Until the employment authorization document and the travel permits are
actually issued (approximately 90 days after filing) the alien and his/her family are
restricted from leaving the U.S.
Employment-Based Categories
Designation Name – Description
EB1 Employment Based – 1st Preference Priority Workers: People of Extraordinary
Ability, Outstanding Professors and Researchers, and International Managers and
Executives
EB2 Employment Based – 2nd Preference Members of the Professions Holding
Master's Degree or Higher, or Persons of Exceptional Ability (Includes National
Interest Waiver)
EB3 Employment Based – 3rd Preference Skilled Workers, Professionals, and
Other Workers
EB4 Employment Based – 4th Preference Certain Special Immigrants
EB5 Employment Based – 5th Preference Employment Creation Investors
Avoiding Labor Certification—Skipping the DOL Stage
If possible, an individual should investigate whether she qualifies for one of the
immigrant visa categories that does not require an approved labor certification
application. These are categories where the individual does not need to test the U.S.
labor market and show that there were not any qualified U.S. workers that applied. If
no labor certification is required, the green card process entails only the last two
stages outlined above. Not only is this beneficial because it saves time and money
(advertising costs), it also takes out some of the uncertainty of the process.
Among the employment-based categories, there are 5 attractive options available that
do not require an approved labor certification application. Rather than testing the
labor market and showing that no qualified U.S. workers applied for the position, the
individual needs to be at the top of her field or a transferring manager/executive of
a multi-national corporation.
Outstanding Professor/Researcher—Employment-Based 1st Preference
The EB-1 outstanding professor/researcher category is reserved for professors and
researchers who are recognized internationally for their outstanding academic
achievements in a particular field. In addition, an outstanding professor or
researcher must have at least three years experience in teaching or research in that
academic area, and enter the U.S. in a tenure or tenure track teaching or comparable
research position at a university or other institution of higher education. If the
employer is a private company rather that a university or educational institution,
the department, division, or institute of the private employer must employ at least
three persons full time in research activities and have achieved documented
accomplishments in an academic field.
While the EB-1 worker of extraordinary ability may petition for himself or herself,
the employer must file the petition for an outstanding professor or researcher.
iii. Requirements
A petition for an outstanding professor or researcher must be accompanied by:
(i) Evidence that the professor or researcher is recognized internationally as
outstanding in the academic field specified in the petition. Such evidence shall
consist of at least two of the following:
(j) Documentation of the alien's receipt of major prizes or awards for outstanding
achievement in the academic field;
(k) Documentation of the alien's membership in associations in the academic field
which require outstanding achievements of their members;
(l) Published material in professional publications written by others about the
alien's work in the academic field. Such material shall include the title, date,
and author of the material, and any necessary translation;
(m) Evidence of the alien's participation, either individually or on a panel, as the
judge of the work of others in the same or an allied academic field;
(n) Evidence of the alien's original scientific or scholarly research contributions
to the academic field; or
(o) Evidence of the alien's authorship of scholarly books or articles (in scholarly
journals with international circulation) in the academic field;
(p) Evidence that the alien has at least three years of experience in teaching and/or
research in the academic field. Experience in teaching or research while working
on an advanced degree will only be acceptable if the alien has acquired the
degree, and if the teaching duties were such that he or she had full
responsibility for the class taught or if the research conducted toward the
degree has been recognized within the academic field as outstanding. Evidence of
teaching and/or research experience shall be in the form of letter(s) from
current or former employer(s) and shall include the name, address, and title of
the writer, and a specific description of the duties performed by the alien; and
(q) An offer of employment from a prospective United States employer. A labor
certification is not required for this classification. The offer of employment
shall be in the form of a letter from:
(r) A United States university or institution of higher learning offering the alien a
tenured or tenure-track teaching position in the alien's academic field;
(s) A United States university or institution of higher learning offering the alien a
permanent research position in the alien's academic field; or
(t) A department, division, or institute of a private employer offering the alien a
permanent research position in the alien's academic field. The department,
division, or institute must demonstrate that it employs at least three persons
full-time in research positions, and that it has achieved documented
accomplishments in an academic field.
[email protected] (Axel Boldt) wrote in message
news:<[email protected]. com>...
> Hi,
>
> I am a professor at a US college, on my 5th year on H1-B. I could either apply for
> a greencard and try for priority worker status, or I could simply sit out my last
> year, take a one year home vacation and start a new H1-B sequence. Suppose I go for
> the greencard. The approval will most likely take longer than one year. Would I
> then still have to leave a year from now, or could I lengthen my stay somehow? In
> case I have to leave, would I be able to get another H1-B one year later even
> though I have a greencard application pending?
>
> Thanks a lot, Axel
(outstanding professor EB-1 or RIR), and depending on where you live, there is an
outside chance that you could be thorugh the I-140 permanenet resident petition stage
before your H-1B expires. (This would not be the case if you had to go through RIR)
If you were eligible for the EB-1 outstanding professor, and you received an approved
I-140 before your H-1B expires, you could then file for adjustment of status and
obtain work authorization. That would allow you to stay and work while your green
card case is being finalized and processed.
If you need to go through RIR, you will not be in that position within a year. You
could go back to your home country for a year, and by that time, you could most
likely be ready to come back on the green card rather than a new H-1B. (Green acrd
process would continue while you were in your home country) Alternatively, you could
laso look for a differnet non-immigrant categoryTESTpossibly an O-1?
If you woyuld like to know more about your options, feel free to contact me anytime.
Also, below please find some information on the RIR process, as well as an EB-1 as an
outstanding professor/researcher.
Regards,
Andrew M. Wilson, Esq. [email protected]
************************************************** ****************************
Green Card through Employment
In a minority of cases, an individual is either considered a top expert in her field
or is a categorized as a transferring manager or executive. In those cases, no test
of the U.S. job market is required. However, for most individuals, obtaining a green
card through employment is a three-stage process that involves the U.S. Department of
Labor (DOL), the Immigration and Naturalization Service (INS), and the U.S.
Department of State (DOS). The following are the three stages:
Stage I: DOL – Application for Employment Certification (AEC)
This stage involves the submission of an application for employment certification to
the labor department. The AEC process involves showing that the wage offered to the
alien will not adversely affect the wages and working conditions of other U.S.
workers in similar positions and that there are no U.S. workers who are able, willing
and qualified to work in the position offered. The DOL's review includes an
examination of the prevailing wages paid to U.S. workers in the position offered, and
a "testing" of the market place for potential applicants through advertising and
newspapers and magazines, as well as a posting of a notice of job availability at the
employer's place of business.
In this stage the Department of Labor is asked to determine that there are no
minimally qualified U.S. workers available in the geographical area and that offering
the job to the alien at the wages and working conditions proposed will not lower the
wages and working conditions for U.S. workers similarly employed in the area.
Stage II : INS - Petition for Immigrant Worker (I-140)
This stage involves the submission of a petition to the INS, which makes a review of
the alien's education and work experience to determine if the alien qualifies for the
position. Proof of the alien's education and experience is required, which may
include documents such as letters from previous employers, diplomas, membership of
professional association certificates, etc. These documents must prove that the alien
possesses the requisite minimum requirements to perform the job duties as described
in the AEC.
Stage III : Application for Permanent Residence (2 Options)
i. Option 1: DOS - Immigrant Visa Processing (IVP) (recommended)
This stage involves the submission of personal information about the alien and their
family members to the U.S. Consulate in the alien's home country. Proof of birth,
marriage, divorce, as well as a police report, submission of a medical examination,
and discharge certificate from the military, if applicable, are required. These
documents are provided to a consulate officer at an interview where the alien is
issued an immigrant visa for admission to the United States as a permanent resident.
Or
ii. Option 2: INS - Adjustment of Status (ADJ)
This stage is done by petition to the nearest service center of INS. Simultaneous
with filing this petition for ADJ, we also file for permission to travel pending
adjustment approval AND for employment authorization pending completion of the
process. Until the employment authorization document and the travel permits are
actually issued (approximately 90 days after filing) the alien and his/her family are
restricted from leaving the U.S.
Employment-Based Categories
Designation Name – Description
EB1 Employment Based – 1st Preference Priority Workers: People of Extraordinary
Ability, Outstanding Professors and Researchers, and International Managers and
Executives
EB2 Employment Based – 2nd Preference Members of the Professions Holding
Master's Degree or Higher, or Persons of Exceptional Ability (Includes National
Interest Waiver)
EB3 Employment Based – 3rd Preference Skilled Workers, Professionals, and
Other Workers
EB4 Employment Based – 4th Preference Certain Special Immigrants
EB5 Employment Based – 5th Preference Employment Creation Investors
Avoiding Labor Certification—Skipping the DOL Stage
If possible, an individual should investigate whether she qualifies for one of the
immigrant visa categories that does not require an approved labor certification
application. These are categories where the individual does not need to test the U.S.
labor market and show that there were not any qualified U.S. workers that applied. If
no labor certification is required, the green card process entails only the last two
stages outlined above. Not only is this beneficial because it saves time and money
(advertising costs), it also takes out some of the uncertainty of the process.
Among the employment-based categories, there are 5 attractive options available that
do not require an approved labor certification application. Rather than testing the
labor market and showing that no qualified U.S. workers applied for the position, the
individual needs to be at the top of her field or a transferring manager/executive of
a multi-national corporation.
Outstanding Professor/Researcher—Employment-Based 1st Preference
The EB-1 outstanding professor/researcher category is reserved for professors and
researchers who are recognized internationally for their outstanding academic
achievements in a particular field. In addition, an outstanding professor or
researcher must have at least three years experience in teaching or research in that
academic area, and enter the U.S. in a tenure or tenure track teaching or comparable
research position at a university or other institution of higher education. If the
employer is a private company rather that a university or educational institution,
the department, division, or institute of the private employer must employ at least
three persons full time in research activities and have achieved documented
accomplishments in an academic field.
While the EB-1 worker of extraordinary ability may petition for himself or herself,
the employer must file the petition for an outstanding professor or researcher.
iii. Requirements
A petition for an outstanding professor or researcher must be accompanied by:
(i) Evidence that the professor or researcher is recognized internationally as
outstanding in the academic field specified in the petition. Such evidence shall
consist of at least two of the following:
(j) Documentation of the alien's receipt of major prizes or awards for outstanding
achievement in the academic field;
(k) Documentation of the alien's membership in associations in the academic field
which require outstanding achievements of their members;
(l) Published material in professional publications written by others about the
alien's work in the academic field. Such material shall include the title, date,
and author of the material, and any necessary translation;
(m) Evidence of the alien's participation, either individually or on a panel, as the
judge of the work of others in the same or an allied academic field;
(n) Evidence of the alien's original scientific or scholarly research contributions
to the academic field; or
(o) Evidence of the alien's authorship of scholarly books or articles (in scholarly
journals with international circulation) in the academic field;
(p) Evidence that the alien has at least three years of experience in teaching and/or
research in the academic field. Experience in teaching or research while working
on an advanced degree will only be acceptable if the alien has acquired the
degree, and if the teaching duties were such that he or she had full
responsibility for the class taught or if the research conducted toward the
degree has been recognized within the academic field as outstanding. Evidence of
teaching and/or research experience shall be in the form of letter(s) from
current or former employer(s) and shall include the name, address, and title of
the writer, and a specific description of the duties performed by the alien; and
(q) An offer of employment from a prospective United States employer. A labor
certification is not required for this classification. The offer of employment
shall be in the form of a letter from:
(r) A United States university or institution of higher learning offering the alien a
tenured or tenure-track teaching position in the alien's academic field;
(s) A United States university or institution of higher learning offering the alien a
permanent research position in the alien's academic field; or
(t) A department, division, or institute of a private employer offering the alien a
permanent research position in the alien's academic field. The department,
division, or institute must demonstrate that it employs at least three persons
full-time in research positions, and that it has achieved documented
accomplishments in an academic field.
[email protected] (Axel Boldt) wrote in message
news:<[email protected]. com>...
> Hi,
>
> I am a professor at a US college, on my 5th year on H1-B. I could either apply for
> a greencard and try for priority worker status, or I could simply sit out my last
> year, take a one year home vacation and start a new H1-B sequence. Suppose I go for
> the greencard. The approval will most likely take longer than one year. Would I
> then still have to leave a year from now, or could I lengthen my stay somehow? In
> case I have to leave, would I be able to get another H1-B one year later even
> though I have a greencard application pending?
>
> Thanks a lot, Axel
May 27th 2002, 10:20 am
#3
Guest
Posts: n/a
Re: 5th year H1-B: applying for greencard too late?
[email protected] (Axel Boldt) wrote
> > I am a professor at a US college, on my 5th year on H1-B. I could either apply
> > for a greencard and try for priority worker status, or I could simply sit out my
> > last year, take a one year home vacation and start a new H1-B sequence. Suppose I
> > go for the greencard. The approval will most likely take longer than one year.
> > Would I then still have to leave a year from now, or could I lengthen my stay
> > somehow? In case I have to leave, would I be able to get another H1-B one year
> > later even though I have a greencard application pending?
[email protected] (Andrew M. Wilson) wrote
> If you need to go through RIR, you will not be in that position within a year. You
> could go back to your home country for a year, and by that time, you could most
> likely be ready to come back on the green card rather than a new H-1B.
If the green card is not processed by that time, or if it is rejected, would the H1-B
still be open to me?
Thanks a lot for your generous help.
Axel
> > I am a professor at a US college, on my 5th year on H1-B. I could either apply
> > for a greencard and try for priority worker status, or I could simply sit out my
> > last year, take a one year home vacation and start a new H1-B sequence. Suppose I
> > go for the greencard. The approval will most likely take longer than one year.
> > Would I then still have to leave a year from now, or could I lengthen my stay
> > somehow? In case I have to leave, would I be able to get another H1-B one year
> > later even though I have a greencard application pending?
[email protected] (Andrew M. Wilson) wrote
> If you need to go through RIR, you will not be in that position within a year. You
> could go back to your home country for a year, and by that time, you could most
> likely be ready to come back on the green card rather than a new H-1B.
If the green card is not processed by that time, or if it is rejected, would the H1-B
still be open to me?
Thanks a lot for your generous help.
Axel
