J1 -> missed H1B Cap -> How fast can I get the green card? - Please help!

[perei]

Hi to all.

I hope you guys are doing well. I have some troubles getting the right way for my Visa problems and would highly appreciate if some of you could give me an advice.

Currently I´m here with a J1 Visa which ends end of November. A few weeks ago I got a job offer from my company and we started the H1B-process. Unfortunately, the cap closed too early so we didn´t finish the application. As you might imagine, the big exitement was followed by a deep fall.

Now I´m thinking about applying for a green card immediately as my last chance to stay here for longer. I hold an German degree which got evaluated as an U.S. equivalence of a Master of Business Adminsitration. This means that I would be in the EB2 category if the job offer requires a master degree, right?

If I understand it right, I don´t have a backlog as a German, I don´t need a Waiver from my government and I don´t need to leave the country for two years.

My question now is: Would it be possible to get at least the EAD untill the end of december (J1+30 days) so that I can stay here?

Thanks a lot in advance for your answers.

 

[Jackolantern]

Now I´m thinking about applying for a green card immediately as my last chance to stay here for longer. I hold an German degree which got evaluated as an U.S. equivalence of a Master of Business Adminsitration. This means that I would be in the EB2 category if the job offer requires a master degree, right?

Yes.

My question now is: Would it be possible to get at least the EAD untill the end of december (J1+30 days) so that I can stay here?

To file I-140 and I-485 and apply for the EAD would require you to get the PERM labor certification approved first. That might happen just barely before your status expires, if your application is not selected for audit.

If you're going to try for that, get the I-693 medical done in advance so the results will already be in your hands when you become eligible to file the I-485. The medical can be done up to 12 months in advance.

Also note that the EAD application (I-765), which you'll file together with the I-485, generally takes about 2-3 months to be approved. So even if you're eligible to file the I-485 soon enough to avoid having to leave the US after your J1 expires, you may still have a gap of a couple months when you can't work.

I assume your J1 doesn't have the 2-year home country requirement, or you're doing something to get a waiver for it.