patemaan

Hi all,

I am in the USA on a H1B, I have a BSc in Computer Science and 10 yr of IT experience.

My question is if my company files for my H1B ( which they are going to do)
how long does it take to process?

Also, if the company files my GC and another company makes me a better offer, can I switch? can my GC still be processed?

PM

Folinskyinla

Hi:

Extremely good general questions. I hope you don't expect a brief and meaningful answer.

kel.n.issy

Depending which catagory you fall into (probably eb3) and your home country your in for a long wait (years and years). My understanding is that you have to stay with the company that applies for your greencard until you get EAD then you can change. If you decide to swap before this time you start the process over agin.

Correct me if I am wrong I am only going off personal experience...

newXgate

As regards the time to GC, this depends on a lot of factors, including which 'track' you use to the GC, your nationality, whether or not there are errors/delays in your application and finally the ability of USCIS to process its existing backlog. Which is why your question is very hard to answer.

As of right now there is a tremendous backlog at USCIS of pending employment based GC cases so it is hard to say with any certainty how long a new application would take from beginning to end. For what its worth, my GC took about five years to be issued using the so called 'third employment category' (requires minimum bachelors degree and 2 yrs experience), you may consider that to be a very rough guide to how long a similar application would take now. If you qualify for the 'second employment category' also known as EB2, things may take less time.

Regarding switching jobs, you may only do this once you have got to a certain point, in the GC process. That is, a petition called an I-140 must have been granted by USCIS and 180 days must have passed since the I-140 was issued. Also the job must be of a similar type to the one you are using as the basis for a GC application.

patemaan

hello all

many thanks for your replies , as for country I am a U.K Citizen, so:

10yrs IT
BSc Computer Science
UK Citizen

(eb3 I Think)

on this info anyone give me a time line

Thank you

PM

donny_dog

Three years minimum. I-140's and I-485's are taking a year each to process, then there is all the PERM preparation and associated rhubarb.

patemaan

Hi All,

thank you so much for your advise, any other tips welcome.

just one thing can anyone recommend a good immigration lawyer

thank you

PM

lisa67

Got caught up in all the crap post 9/11 and OH has just changed jobs so we're still waiting for ours..I think it's 6 years now....losing track of time !

Want2Move

Simple rule is, if the job asks for master's degree or bachelor's degree with at least 5 years of progressive experience, then you can be qualified for EB2. You cannot count the experience with the current company. More detail information on this subject can be found online, just Google it.

donny_dog

Three years minimum, EB-2 or EB-3.