when to start green card process??

T

teresa martin

Registered Users (C)
My employe\'s H1B expires on Jan. 2004. Is it too late to start the green card process? This is his first time H1B. Should we start it now or try for the second H1B and then start the green card process???? Any help would be appreciated.
 
Start right away

I agree that you should start it now. Especially in the current recession hit environment, you should be able to go through the green card process quickly, since the labour department and INS are processing relatively fewer cases. There is a good chance that you will be able to complete the process even before the need for renewal of H1 arises, thereby saving you expense on H1 renewal
 
No Title

I believe that you can extend your H1 beyond a 6 yrs limit either if you have filed your LC and its processing is taking more than a year or if you are at the I-140 stage.
Good luck!
 
If this is your first H1 (the initial 3 years)

then you still have 3 more years without any special requirements. If you are finishing 6 years, then you can extend your H1, one year at a time, if you have started your GC process atleast 1 year before H1 expiration AND your labour certification has been approved. I got mine done this way. I have heard of cases where the lawyers have been able to successfully make a case solely on the basis of having applied 1 year before expiration of H1 (without LC). So bottomline, you can wait till about a year before your H1 6 years expires. The big question obviously is why would you want to wait ? For GC, earlier the better. There is no saying how immigration laws, processes, etc will change, leave alone the job/economic front.
 
Apply for GC now

You should apply for GC now.

About the H1B issue.
A foreginer is allowed two terms of H1 for 3 years each, totalling to 6 years(with one or more employers, but 6 year is the Cap you can be on H1B visa). In your case seems like your employee is on his/her first H1B term. You should apply for GC right away and if before you get the GC the H1 term is expiring, you can apply for H1 renewal independent of the GC process.
Hope this helps
 
Should have applied for GC, but still no worry.

Hello,

Please apply for GC at the earliest. It is must simpler to have GC done in first 6 years of H1 and as early in H1 as possible. Less time/effort/money both for the company and employee this way.
 
thanks for all the help

we keep wondering if the economy will play a role as more US citizens are looking for jobs. The immigration issue is new to both of us so we\'ll take all the advice we can give. When going for the green card, is it usually given or are quite a few requests denied? We have our hopes up...
 
No cause for concern

You should go through RIR (Reduction in Recruitment). This is the quickest way is generally less expensive. The risk of rejection is slightly higher here than the regular processing, however, with a good lawyer you have nothing to worry.

The law seems a bit overwhelming, but an experienced lawyer should be able to get through the process quickly and with little risk of rejection.
 
Risk not significant

Generally the rejection takes place if the process has not been followed to the letter or if the company is laying off US workers while hiring immigrants at lower pay.

With recession setting in, you might receive more applicants for the job, if the job location is a major city. If it is in a small town, it is unlikely that you will receive many applicants.

Again, this may not be a material issue, since unemployment has only gone up by 1% of the workforce or so.

However, lawyers routinely deal with these issues and can generally ensure a satisfactory results for their clients while at the same time complying with all laws.
 
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