H-1B question

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Old Oct 6th 2017, 12:27 am
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Default H-1B question

What's the deal with H-1B and green card?

How long between applying and getting it?

Thanks guys
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Old Oct 6th 2017, 1:00 am
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Default Re: H-1B question

It may depend in the nationality of the applicant. In other words they are rationed for some countries and applicants have to wait in line.
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Old Oct 6th 2017, 1:03 am
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Default Re: H-1B question

Originally Posted by petitefrancaise View Post
What's the deal with H-1B and green card?

How long between applying and getting it?

Thanks guys
There's no easy answer.

In our case, it took nearly 10 years but that included 4 attempts.

Our first application was in 2004 but when I changed employer in 2006, I was advised to start over. The new company decided to manage the new application themselves (one of the employees was an ex-attorney - but not immigration).

9 months later, that company was bought out and their (immigration) attorney said the previous application was screwed up and we would need to start again. Application #3 now up to 2007.

In 2009, the LC was denied for numerous reasons and we had to resubmit (Application #4 was submitted in August 2009).

Our priority date finally came current in September 2013 and we received green cards in January 2014.

So, from LC filing to GC was just over 5 years.
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Old Oct 6th 2017, 1:23 am
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Default Re: H-1B question

Originally Posted by petitefrancaise View Post
What's the deal with H-1B and green card?

How long between applying and getting it?

Thanks guys
It depends. One doesn’t need to be on the H-1B before the employer decides to start the green card process. The employer can choose to start it even before the employee works with them, a year in, 2 years in, 4 years in.

Once the green card process itself starts, it can take anywhere from a few months to years. A few months if your EB category doesn’t require a labor certification. Years if you’re from certain countries with backlogged priority dates.

If you’re asking how long it takes to get the H-1B. Usually the first one is applied for in April and if approved it’s effective October 1st.

Last edited by fbf2006; Oct 6th 2017 at 1:34 am.
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Old Oct 6th 2017, 1:29 am
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Default Re: H-1B question

Originally Posted by fbf2006 View Post
..... Years if you’re from certain countries with backlogged priority dates.
About 7 years if you're Chinese, or 12 if you're Indian.
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Old Oct 6th 2017, 4:06 am
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Default Re: H-1B question

Originally Posted by Pulaski View Post
About 7 years if you're Chinese, or 12 if you're Indian.
That is not an accurate number for the Indians. It depends on which category you have applied in. If in EB2 possibly 7-10 years, if in EB3 it might take anywhere between 10-20 years. I was in the US for 14 years, Applied GC in with priority date of September 2007. Imagine people applying in 2017. The PD's are still in 2006 for EB3.
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Old Oct 6th 2017, 4:06 am
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Default Re: H-1B question

Forgot to add that I gave up, quit my company and moved to Australia.
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Old Oct 6th 2017, 4:23 am
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Default Re: H-1B question

so it's a "how long is a piece of string" question?

If you were from a major european country, probably not too long provided good old HR don't mess it up?
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Old Oct 6th 2017, 4:43 am
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Default Re: H-1B question

Lawyer not HR.
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Old Oct 6th 2017, 7:27 am
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Default Re: H-1B question

Originally Posted by Boiler View Post
Lawyer not HR.
Since HR will likely be the people giving directions to the immigration attorney they, too, will most certainly have an opportunity to screw things up.
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Old Oct 6th 2017, 11:39 am
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Default Re: H-1B question

HR Directions and Immigration worry me.
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Old Oct 6th 2017, 1:27 pm
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Default Re: H-1B question

Depends. Our GC application was started the first week January 2013, and we finally got approval January 2015. That was in EB2 category.
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Old Oct 6th 2017, 1:53 pm
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Default Re: H-1B question

Originally Posted by petitefrancaise View Post
so it's a "how long is a piece of string" question?

If you were from a major european country, probably not too long provided good old HR don't mess it up?
it still depends. If no labor certification (EB1 and EB2 NIW) is needed, it could take months. if one is needed, it could take a couple of years. It really depends on how long each step of the process takes. Typically steps are:


1. Prevailing wage: The employer gets this from the DOL. I think this step is rather quick.
2. Recruitment: The employer has to spend some time advertising the job online/newspapers, post in the office. The employer then has to screen the people that applied to see if one of those people can do the job. Sometimes this stage is audited by the powers that be (I can't remember who does the auditing).
3. PERM labor certification: This is then filed. This is when you now have a priority date. This could take months. I believe my husband's took about 6 months. It depends on their timeline at the time of your application.
4. I-140/I-485 can then be applied for concurrently if your priority date is current. if not, only the I-140 is filed. The I-140 can be filed using premium processing, which takes a max of 14 days.
5. Wait. Approval takes how long it takes. Ours took 6 months, applied in Jan 2017, approved in Jun 2017. A family friend also applied in Jan 2017 and is still waiting, same service center and EB category.




The H-1B can be extended beyond the 6 year maximum, if the PERM labor certification or the I-140 has been filed and is still pending, I believe this is extended for a year.. If the I-140 is approved and a visa number is unavailable, it can be extended for 3 years.

Last edited by fbf2006; Oct 6th 2017 at 2:09 pm.
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Old Oct 6th 2017, 1:57 pm
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Default Re: H-1B question

Originally Posted by giri26 View Post
That is not an accurate number for the Indians. It depends on which category you have applied in. If in EB2 possibly 7-10 years, if in EB3 it might take anywhere between 10-20 years. I was in the US for 14 years, Applied GC in with priority date of September 2007. Imagine people applying in 2017. The PD's are still in 2006 for EB3.

I think there was a specific period of time where there was a lot of immigration from India. So maybe once the 2007 priority dates clear up, things would move a little faster? Hopefully, anyway!
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Old Oct 6th 2017, 2:01 pm
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Default Re: H-1B question

Originally Posted by fbf2006 View Post
I think there was a specific period of time where there was a lot of immigration from India. So maybe once the 2007 priority dates clear up, things would move a little faster? Hopefully, anyway!
Last 20 years?
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