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-   -   GC process in detailes (https://britishexpats.com/forum/usa-57/gc-process-detailes-110076/)

skymour Aug 1st 2002 7:38 pm

GC process in detailes
 
Hi,
I've H1B visa and my lawyer have started the GreenCard Process for me like 4 month ago....
1- What is the steps for this process and how often does it take to process each step.....
2- Is there anyway to live in the US independent on my employer before having the GC (without marriage), does it has something to do with the EAD card?
3- How could I get the EAD from H1, and If I have the EAD, could I work for anybody?

thanks..

skymour Aug 2nd 2002 2:37 am

Re: GC process in detailes
 
any answer?

skymour Aug 2nd 2002 7:22 pm

Re: GC process in detailes
 
any answer??

Sylvia Ottemoel Aug 2nd 2002 9:20 pm

Re: GC process in detailes
 
skymour wrote:

    > Hi, I've H1B visa and my lawyer have started the GreenCard Process for me like 4
    > month ago.... 1- What is the steps for this process and how often does it take to
    > process each step..... 2- Is there anyway to live in the US independent on my
    > employer before having the GC (without marriage), does it has something to do with
    > the EAD card? 3- How could I get the EAD from H1, and If I have the EAD, could I
    > work for anybody?

O.K. How about giving more information -- otherwise the answer have to be long and
full of contingencies.

Does your permanent residence process require a labor certification, or do you
qualify in a labor cert-exempt category?

What city is the employer located in? Location is the biggest factor in determining
usual processing times for the various steps.

Why are you asking about living independently? Is the H-1B employer the same as the
PR employer? Do you want to quit working for the H-1B employer?

skymour Aug 3rd 2002 2:28 am

Re: GC process in detailes
 
first, I live in detroit, so I think I'm being served by Nebraska location center...
I work for my employer through H1B visa, but the point is nodays no one could be safe,, I mean in terms of job securety ,
so in case of layoff, I will have to go back home....

I figured out that I could join a Master Degree program, so I could transfer from H1 to F1 easely in case of layoff.....

but I still wondering about my questions in my first post..

Sylvia Ottemoel Aug 5th 2002 10:20 pm

Re: GC process in detailes
 
skymour wrote:

    > first, I live in detroit, so I think I'm being served by Nebraska location
    > center... I work for my employer through H1B visa, but the point is nodays no one
    > could be safe,, I mean in terms of job securety , so in case of layoff, I will have
    > to go back home....
    >
    > I figured out that I could join a Master Degree program, so I could transfer from
    > H1 to F1 easely in case of layoff.....
    >
    > but I still wondering about my questions in my first post..

Sylvia Ottemoeller wrote:

> skymour wrote:
>
>> Hi, I've H1B visa and my lawyer have started the
GreenCard Process for
>> me like 4 month ago.... 1- What is the steps for this
process and how
>> often does it take to process each step.....

Assuming you need a labor certification, and that you qualify for an RIR labor
cert, about 15 to 18 months for Step 1, the labor cert. You can sort of figure
that out from here: http://www.ows.doleta.gov/foreign/times.asp. You have to add
up two different periods of time, the state processing time and the regional
processing time.

After Step 1 has been approved, Steps 2 and 3 have to be completed.

For Steps 2 and 3, you can do either of two processes:

Adjustment: filing Form I-140 (Step 2) and Form I-485 (Step
3) concurrently at the INS Nebraska Service Center. According to
http://www.shusterman.com/nsc.html, this is taking about 16 months at the
present time.

Consular processing: filing Form I-140 (Step 2) by itself at the INS NSC, having it
approved, and then arranging for a consular interview at your home consulate.
According to http://www.shusterman.com/nsc.html, the I-140 is taking about 6 months
from filing to approval at the present time. Then, the consular process (Step 3) will
take about 6 months after that.

2- Is there anyway to live
>> in the US independent on my employer before having the
GC (without
>> marriage), does it has something to do with the EAD card?

You can leave your employer if your I-485 has been pending, and not adjudicated, for
180 days, and you take up a job in the same occupation. There is some risk here.

If you choose consular processing, there is no point that you can change employers
before getting PR status.

3- How could I
>> get the EAD from H1, and If I have the EAD, could I work
for anybody?

A person who has filed Form I-765 can get an EAD. In your type of case, Form I-765
can be filed only simultaneously with, or after, the filing of Form I-485. The EAD
takes about 3 to 5 months from filing to approval.

> O.K. How about giving more information -- otherwise the
answer have to
> be long and full of contingencies.
>
> Does your permanent residence process require a labor
certification, or
> do you qualify in a labor cert-exempt category?
>
> What city is the employer located in? Location is the
biggest factor in
> determining usual processing times for the various steps.
>
> Why are you asking about living independently? Is the
H-1B employer the
> same as the PR employer? Do you want to quit working for
the H-1B
> employer?

skymour Aug 6th 2002 2:40 pm

Re: GC process in detailes
 
I'm really appreciated for clarifying all this confusing rules....

:PARTY:


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