H1-b and Green Card - totally confused!!
#16
BE Forum Addict
Thread Starter
Joined: Jul 2009
Location: Bishopbriggs - now Bethel, Connecticut
Posts: 1,439
Re: H1-b and Green Card - totally confused!!
Trouble is one of the related documents is an approved I-140 (unless they changed it after we filed for ours, which i don't think they have).
What 'group' in H1B is he? EB1, 2 or 3. If its 3, even with an approved I140 it wont be quick. I'm EB3 and had my I140 approved back in 2006. I'm still waiting for the adjustment of status. Its at least another year off for us.
AFAIK your right
What 'group' in H1B is he? EB1, 2 or 3. If its 3, even with an approved I140 it wont be quick. I'm EB3 and had my I140 approved back in 2006. I'm still waiting for the adjustment of status. Its at least another year off for us.
AFAIK your right
He is in the EB-3 category, which we knew would take 5-6 years. Our application was dated July 2007 if I remember right, so we guessed we would be another 2 years or so which would have been ok and fitted in with my daughter qualifying and being able to work. If this has all to be started again, then it throws everything up in the air and that was what I was concerned about. Thanks for your reply, it's so frustrating and there's always something round the corner waiting to bite us in the you know what.
#17
BE Forum Addict
Thread Starter
Joined: Jul 2009
Location: Bishopbriggs - now Bethel, Connecticut
Posts: 1,439
Re: H1-b and Green Card - totally confused!!
The employee is the one who files Adjustment of Status, not the employer. It seems that the original Green Card application was being done via Consular Processing rather than AOS, but if the whole process has to be started again (not necessarily the case) then AOS would probably make more sense.
As Paul S mentioned, the possible denial/revocation of the I-140 would have to be resolved before adjusting status.
As Paul S mentioned, the possible denial/revocation of the I-140 would have to be resolved before adjusting status.
I am determined to find out sooner rather than later about the I-140. Thank you for your input. Much appreciated.
#18
Re: H1-b and Green Card - totally confused!!
This is what has sparked off the whole confusion. We had recieved word ages ago that the I-140 had been approved and that everything had been passed to the National Visa Centre.
He is in the EB-3 category, which we knew would take 5-6 years. Our application was dated July 2007 if I remember right, so we guessed we would be another 2 years or so which would have been ok and fitted in with my daughter qualifying and being able to work. If this has all to be started again, then it throws everything up in the air and that was what I was concerned about. Thanks for your reply, it's so frustrating and there's always something round the corner waiting to bite us in the you know what.
He is in the EB-3 category, which we knew would take 5-6 years. Our application was dated July 2007 if I remember right, so we guessed we would be another 2 years or so which would have been ok and fitted in with my daughter qualifying and being able to work. If this has all to be started again, then it throws everything up in the air and that was what I was concerned about. Thanks for your reply, it's so frustrating and there's always something round the corner waiting to bite us in the you know what.
I don't know most of what there is to know about EB, but I'll try to fill in the blanks.
The I-140 is a "petition".. the employer files this to say 'we need him and he fits the need.'. These can be approved in as little time as it takes to go over it.
When there is an approved petition, it is used for
a) an Immigrant Visa application (if the applicant is outside the US)
b) an Adjustment of Status (if the applicant is inside the US)
Both result in Permanent Residence status (green card).
The AOS application/form I-485 is the actual application for a green card. The I-140 is the company's "application", which must be approved before you can apply for the green card. In addition to its approval, the visa number must also be 'current' aka available.
The wait (as you noted) is for a visa number to be available in your category. One can not apply for a visa OR for AOS until the visa number is available. You know that & said so.
Once USCIS approves the petition and sends it on to the NVC (to wait for a visa number), they are done with it. There is no one (that I know of) that could deny the petition at that point. The Consular Officer has the option to send it back once he gets it (if he thinks it should not have been approved) but you were not at that stage yet, so I am very curious if there is a misunderstanding about the denial.
The H-1B as a totally separate case, is what allowed the applicant (your DH) to be working in the US and waiting for that visa number. MOST companies get you here on the H first and then file the I-140.. as you posted, the employer didn't know the wait would be so long to get him here and working, that's why they did it backward.
What the H-1B does for you at this point is
a) allow you to live/work in the US temporarily and while waiting for the visa number
b) allows you to make an AOS application when the visa number comes (if you want) instead of going away for Consular Processing.
In your opening post, you said that the company 'switched' to H-1B, but it's more accurate to say that they 'added' it.
All of this is basically restating what you have said already, with a few corrections or additions.. you do know, it's just that you have been given confusing information.
Bottom line, as you note, is to find out the status of the I-140 and what exactly the lawyer meant. Hopefully this thread will help you ask him the right questions to find out what you want to know.
In the meantime, you can look up case processing online.. I wonder if you can see the status of the petition? (approved, not, etc)
#19
BE Forum Addict
Thread Starter
Joined: Jul 2009
Location: Bishopbriggs - now Bethel, Connecticut
Posts: 1,439
Re: H1-b and Green Card - totally confused!!
Your husband has two separate cases going on at the same time, which is part of why it is confusing. You know more than you think you do.
I don't know most of what there is to know about EB, but I'll try to fill in the blanks.
The I-140 is a "petition".. the employer files this to say 'we need him and he fits the need.'. These can be approved in as little time as it takes to go over it.
When there is an approved petition, it is used for
a) an Immigrant Visa application (if the applicant is outside the US)
b) an Adjustment of Status (if the applicant is inside the US)
Both result in Permanent Residence status (green card).
The AOS application/form I-485 is the actual application for a green card. The I-140 is the company's "application", which must be approved before you can apply for the green card. In addition to its approval, the visa number must also be 'current' aka available.
The wait (as you noted) is for a visa number to be available in your category. One can not apply for a visa OR for AOS until the visa number is available. You know that & said so.
Once USCIS approves the petition and sends it on to the NVC (to wait for a visa number), they are done with it. There is no one (that I know of) that could deny the petition at that point. The Consular Officer has the option to send it back once he gets it (if he thinks it should not have been approved) but you were not at that stage yet, so I am very curious if there is a misunderstanding about the denial.
The H-1B as a totally separate case, is what allowed the applicant (your DH) to be working in the US and waiting for that visa number. MOST companies get you here on the H first and then file the I-140.. as you posted, the employer didn't know the wait would be so long to get him here and working, that's why they did it backward.
What the H-1B does for you at this point is
a) allow you to live/work in the US temporarily and while waiting for the visa number
b) allows you to make an AOS application when the visa number comes (if you want) instead of going away for Consular Processing.
In your opening post, you said that the company 'switched' to H-1B, but it's more accurate to say that they 'added' it.
All of this is basically restating what you have said already, with a few corrections or additions.. you do know, it's just that you have been given confusing information.
Bottom line, as you note, is to find out the status of the I-140 and what exactly the lawyer meant. Hopefully this thread will help you ask him the right questions to find out what you want to know.
In the meantime, you can look up case processing online.. I wonder if you can see the status of the petition? (approved, not, etc)
I don't know most of what there is to know about EB, but I'll try to fill in the blanks.
The I-140 is a "petition".. the employer files this to say 'we need him and he fits the need.'. These can be approved in as little time as it takes to go over it.
When there is an approved petition, it is used for
a) an Immigrant Visa application (if the applicant is outside the US)
b) an Adjustment of Status (if the applicant is inside the US)
Both result in Permanent Residence status (green card).
The AOS application/form I-485 is the actual application for a green card. The I-140 is the company's "application", which must be approved before you can apply for the green card. In addition to its approval, the visa number must also be 'current' aka available.
The wait (as you noted) is for a visa number to be available in your category. One can not apply for a visa OR for AOS until the visa number is available. You know that & said so.
Once USCIS approves the petition and sends it on to the NVC (to wait for a visa number), they are done with it. There is no one (that I know of) that could deny the petition at that point. The Consular Officer has the option to send it back once he gets it (if he thinks it should not have been approved) but you were not at that stage yet, so I am very curious if there is a misunderstanding about the denial.
The H-1B as a totally separate case, is what allowed the applicant (your DH) to be working in the US and waiting for that visa number. MOST companies get you here on the H first and then file the I-140.. as you posted, the employer didn't know the wait would be so long to get him here and working, that's why they did it backward.
What the H-1B does for you at this point is
a) allow you to live/work in the US temporarily and while waiting for the visa number
b) allows you to make an AOS application when the visa number comes (if you want) instead of going away for Consular Processing.
In your opening post, you said that the company 'switched' to H-1B, but it's more accurate to say that they 'added' it.
All of this is basically restating what you have said already, with a few corrections or additions.. you do know, it's just that you have been given confusing information.
Bottom line, as you note, is to find out the status of the I-140 and what exactly the lawyer meant. Hopefully this thread will help you ask him the right questions to find out what you want to know.
In the meantime, you can look up case processing online.. I wonder if you can see the status of the petition? (approved, not, etc)
#20
Re: H1-b and Green Card - totally confused!!
You're welcome Brat, but be sure to keep an eye on this thread for any corrections! I know my friends here will be happy to add to my post if I screwed it up.
PS My suggestion on how to deal with this one specific quesiton is to CALL the lawyer and ask him to say it again. Choose your time wisely and you might actually catch him in the office.
PS My suggestion on how to deal with this one specific quesiton is to CALL the lawyer and ask him to say it again. Choose your time wisely and you might actually catch him in the office.
#21
BE Forum Addict
Thread Starter
Joined: Jul 2009
Location: Bishopbriggs - now Bethel, Connecticut
Posts: 1,439
Re: H1-b and Green Card - totally confused!!
You're welcome Brat, but be sure to keep an eye on this thread for any corrections! I know my friends here will be happy to add to my post if I screwed it up.
PS My suggestion on how to deal with this one specific quesiton is to CALL the lawyer and ask him to say it again. Choose your time wisely and you might actually catch him in the office.
PS My suggestion on how to deal with this one specific quesiton is to CALL the lawyer and ask him to say it again. Choose your time wisely and you might actually catch him in the office.
#22
BE Forum Addict
Joined: Sep 2006
Posts: 1,966
Re: H1-b and Green Card - totally confused!!
Many people leave immigration matters to their company's lawyers and don't realize they need to get involved themselves to adequately follow/manage the process.
I don't believe I was disrespectful, but apologies if you took offense.
#23
BE Forum Addict
Thread Starter
Joined: Jul 2009
Location: Bishopbriggs - now Bethel, Connecticut
Posts: 1,439
Re: H1-b and Green Card - totally confused!!
I merely posted some friendly advice - I am not sure where you got the "sub intelligent" part as I said nothing of the sort. Perhaps you are just frustrated by your situation.
Many people leave immigration matters to their company's lawyers and don't realize they need to get involved themselves to adequately follow/manage the process.
I don't believe I was disrespectful, but apologies if you took offense.
Many people leave immigration matters to their company's lawyers and don't realize they need to get involved themselves to adequately follow/manage the process.
I don't believe I was disrespectful, but apologies if you took offense.
I thank you for your input, as I do for everyone who takes the time to post any reply, so have a very Merry Christmas. Hopefully we will be able to clear this up once the festivities are well and truly over.