Question on how to apply GC after H-1B, It's hard for IT worker to apply?
Apr 27th 2004, 1:09 am
#1
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Joined: Oct 2003
Posts: 24
Question on how to apply GC after H-1B, It's hard for IT worker to apply?
I heard that today is kind of hard for tech/IT. worker to apply for a GC? Is this true? I read this news from a website a while ago. It's because there are many qualified unemployed IT US citizen. Is this true?
Secondly, my H-1B was approved 6 months ago, I do not know if my employer is willing to sponsor me a GC (Green Card), but I'd like to ask the following questions to get some inputs from you guys so that I can share the knowledge with friends here:
1. When is the best time to apply for a GC after H-1B got approved? A year after? 2-3 yrs?
2. I am not familiar with the GC process, I read on the FAQs over the forum, and it seems that GC process is long and complicated.
a. What must employee and the employer do in order to get GC for the employee? Example, W-2, Tax form, etc.?
b. What are the steps to get a GC after H-1B? I read some articles and it involves I-485, AR11 or something, etc.... Anyone here can summarize it in detail?
Thanks a lot, and good luck for anyone's applying.
Secondly, my H-1B was approved 6 months ago, I do not know if my employer is willing to sponsor me a GC (Green Card), but I'd like to ask the following questions to get some inputs from you guys so that I can share the knowledge with friends here:
1. When is the best time to apply for a GC after H-1B got approved? A year after? 2-3 yrs?
2. I am not familiar with the GC process, I read on the FAQs over the forum, and it seems that GC process is long and complicated.
a. What must employee and the employer do in order to get GC for the employee? Example, W-2, Tax form, etc.?
b. What are the steps to get a GC after H-1B? I read some articles and it involves I-485, AR11 or something, etc.... Anyone here can summarize it in detail?
Thanks a lot, and good luck for anyone's applying.
Apr 28th 2004, 7:00 pm
#2
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Posts: n/a
Re: Question on how to apply GC after H-1B, It's hard for IT worker to apply?
bigbulus <member17241@british_expats.com> wrote in news:1389836.1083028145
@britishexpats.com:
>
> I heard that today is kind of hard for tech/IT. worker to apply for a
> GC? Is this true? I read this news from a website a while ago. It's
> because there are many qualified unemployed IT US citizen. Is this true?
>
>
> Secondly, my H-1B was approved 6 months ago, I do not know if my
> employer is willing to sponsor me a GC (Green Card), but I'd like to ask
> the following questions to get some inputs from you guys so that I can
> share the knowledge with friends here:
>
> 1. When is the best time to
> apply for a GC after H-1B got approved? A year after? 2-3 yrs?
>
> 2. I am
> not familiar with the GC process, I read on the FAQs over the forum, and
> it seems that GC process is long and complicated.
>
> a. What must employee
> and the employer do in order to get GC for the employee? Example, W-2,
> Tax form, etc.?
>
> b. What are the steps to get a GC after H-1B? I read
> some articles and it involves I-485, AR11 or something, etc.... Anyone
> here can summarize it in detail?
>
> Thanks a lot, and good luck for
> anyone's applying.
>
>
I'm not sure about in detail, because the immigration preferences have
changed since I did it, and I was an H1, not an H1B. I'm sure other things
have changed too. However, I can give you some idea.
You will have to file a 'Labor Certificate', aka ETA 750 with the Dept of
Labor. The confusing aspect of that is that the application form is also
the certificate, i.e. they send it back stamped if they approve it. This is
the same thing you need to get an H2, but most H1s need one if they want to
get a green card.
Note that there are two lists of jobs, called schedule A and schedule B. If
the job is on schedule A, no labor certificate is needed, but that is
basically doctors, nurses, eminent scientists and renowned entertainers.
If. OTOH, the job is on schedule B, the the certificate will be refused by
simply referring to that fact. Schedule B is mostly unskilled jobs.
Before you can do that your job has to be advertised. Either it has to be
posted with the state employment agency for 30 days, or there have to be a
certain number of insertions of an ad (2 or 3, I can't remember) either in
a newspaper or in a professional journal.
For a professional level job the lowest likelihood of a response would be
with the state employment agency, and since you don't want any replies that
would be the way to go. If someone applies who is actually qualified for
your job, that is likely to derail the whole process. OTOH, it doesn't mean
they will fire you and hire them, but it kills your chances of a green
card.
It takes six months to process the ETA750, and you can't even file it until
your job has been advertised for 30 days and any resumes have been
reviewed.
There are two problems with this process. One is that there is particularly
high unemployment right now, which increases the chance of someone
qualified applying for your job.
The second is that if your employer isn't prepared to go through the
pantomime of advertising a job that isn't open then you don't have a hope.
It is best to get them to agree to this whilst still safely in your own
country, as a precondition of starting work with only a non-immigrant visa.
They will agree if they want you enough to hire you in the first place, as
the non-immigrant visa gets you stateside much quicker, but I guess you
have already blown that opportunity.
Once you have the stamped ETA750 back from the Dept of Labor, you have to
file an I140 with Immigration to apply for a preference. The date you file
the I140 is your priority date. Even when they eventually approve you, you
have to wait for a quota number, possibly for years, depending on your
preference and your country of birth (not nationality).
When your quota eventually comes up you have to file an I485 to adjust your
status. At some point you have to get a medical and fingerprints, and
eventually you have to attend an interview. If you succeed, they stamp your
passport so you can prove that you have been approved until your green card
eventually arrives in the mail.
The whole process took me two years. We started at the same time as filing
the I130 to get the H1. Immigration 'discourages' this, because they don't
like getting two concurrent applications from the same person, but it is
the recommended way to go all the same. So, if you are here on a visa, the
best time to start the green card process is yesterday.
Hope this helps.
@britishexpats.com:
>
> I heard that today is kind of hard for tech/IT. worker to apply for a
> GC? Is this true? I read this news from a website a while ago. It's
> because there are many qualified unemployed IT US citizen. Is this true?
>
>
> Secondly, my H-1B was approved 6 months ago, I do not know if my
> employer is willing to sponsor me a GC (Green Card), but I'd like to ask
> the following questions to get some inputs from you guys so that I can
> share the knowledge with friends here:
>
> 1. When is the best time to
> apply for a GC after H-1B got approved? A year after? 2-3 yrs?
>
> 2. I am
> not familiar with the GC process, I read on the FAQs over the forum, and
> it seems that GC process is long and complicated.
>
> a. What must employee
> and the employer do in order to get GC for the employee? Example, W-2,
> Tax form, etc.?
>
> b. What are the steps to get a GC after H-1B? I read
> some articles and it involves I-485, AR11 or something, etc.... Anyone
> here can summarize it in detail?
>
> Thanks a lot, and good luck for
> anyone's applying.
>
>
I'm not sure about in detail, because the immigration preferences have
changed since I did it, and I was an H1, not an H1B. I'm sure other things
have changed too. However, I can give you some idea.
You will have to file a 'Labor Certificate', aka ETA 750 with the Dept of
Labor. The confusing aspect of that is that the application form is also
the certificate, i.e. they send it back stamped if they approve it. This is
the same thing you need to get an H2, but most H1s need one if they want to
get a green card.
Note that there are two lists of jobs, called schedule A and schedule B. If
the job is on schedule A, no labor certificate is needed, but that is
basically doctors, nurses, eminent scientists and renowned entertainers.
If. OTOH, the job is on schedule B, the the certificate will be refused by
simply referring to that fact. Schedule B is mostly unskilled jobs.
Before you can do that your job has to be advertised. Either it has to be
posted with the state employment agency for 30 days, or there have to be a
certain number of insertions of an ad (2 or 3, I can't remember) either in
a newspaper or in a professional journal.
For a professional level job the lowest likelihood of a response would be
with the state employment agency, and since you don't want any replies that
would be the way to go. If someone applies who is actually qualified for
your job, that is likely to derail the whole process. OTOH, it doesn't mean
they will fire you and hire them, but it kills your chances of a green
card.
It takes six months to process the ETA750, and you can't even file it until
your job has been advertised for 30 days and any resumes have been
reviewed.
There are two problems with this process. One is that there is particularly
high unemployment right now, which increases the chance of someone
qualified applying for your job.
The second is that if your employer isn't prepared to go through the
pantomime of advertising a job that isn't open then you don't have a hope.
It is best to get them to agree to this whilst still safely in your own
country, as a precondition of starting work with only a non-immigrant visa.
They will agree if they want you enough to hire you in the first place, as
the non-immigrant visa gets you stateside much quicker, but I guess you
have already blown that opportunity.
Once you have the stamped ETA750 back from the Dept of Labor, you have to
file an I140 with Immigration to apply for a preference. The date you file
the I140 is your priority date. Even when they eventually approve you, you
have to wait for a quota number, possibly for years, depending on your
preference and your country of birth (not nationality).
When your quota eventually comes up you have to file an I485 to adjust your
status. At some point you have to get a medical and fingerprints, and
eventually you have to attend an interview. If you succeed, they stamp your
passport so you can prove that you have been approved until your green card
eventually arrives in the mail.
The whole process took me two years. We started at the same time as filing
the I130 to get the H1. Immigration 'discourages' this, because they don't
like getting two concurrent applications from the same person, but it is
the recommended way to go all the same. So, if you are here on a visa, the
best time to start the green card process is yesterday.
Hope this helps.
