Can GC be processed for someone still in India

B

brijesh

Registered Users (C)
Hi,

My brother works for a software company in India for last 4-5 years. Can an interested employer start processing a GC for him while he is still in India. If Yes, at what stage of processing, he will have to be in US working for that employer? Can he be in India till EAD arrives or GC arrives?

Thanks in advance.

Brij
 
Yes.. Labor/GC can be applied for your brother while he is working in India.

He cannot get his EAD while in India as you cannot apply for his I-485 if he is in India. The process would be Labor, I-140 & CP (Consular Processing). He can come to US after he gets his Green Card.

Otherwise you can bring him here on H1 & then apply for I-140/485 & EAD.
 
Thanks for the reply.

In the current scenario, if filed with RIR from Chicago, How long will it take to get green card through consular processing?

Brij
 
Labor about 7 to 8 months ( 4 months SWA & 3 for DOL) - if you are already done with RIR advertising process.

I-140 : 8 months

CP: other 6 to 8 months
 
Thanks again.

Couple of small details

- Is their anything like EAD in the consular processing route. Can he come to US and work after getting I 140 is processed OR after applying for CP?

- For I 485 route, I believe the person needs to be married before filing for I 485 to get his wife a GC automatically. What is the requirement in the consular processing route? My brother is unmarried but is planning to get married in next year or so. Does he need to be married before filing for I 140 or before CP?

Brij
 
Nop, There is nothing like EAD for CP...

Secondly, for I-140 case, one can get married anytime before approval & add dependents in the application. For CP its the same case, get married before the CP process is done ( before you get the interview call !)
 
You must log in or register to reply here.
Top