Can i Apply Green Card Directly?

B

Bishal

New Member
Hi guys

I am a fresh graduate, I got a job here and am working on OPT. My Opt expires in 6 months. I did talk to my employer and they are ready to sponsor me for H1 or Green Card.
Now the real question goes...

Can i directly apply for green card from working in OPT.

My employer is ready to sponsor me for either H1 or Green Card. I thought of applying for Green Card directly but i am not sure whether i can do that or not. If i can then i will be saving some times on getting Green Card.

Please suggest me.

Thanks
Bishal
 
Getting a green card is a lengthy and multi-step process and can take upto 3 years or longer. You cannot do it by yourself. The sponsoring employer has to support the application process all through this time.

Most of employment based green card applicants begin to work for the employer on a H1 visa and then begin the green card process. I think you should do the same. Talk to your employer.
 
Dude,

You have do both bcos Green Card is for future job.
if you have to be in usa then you should have a valid status.
(currently your OPT gives you that status)
Mere applying GC does not give you a valid status.
So First file for H1 then apply for Green Card.

As for GC , there are 3 stages,
1) labor clearance
2) i140
3) i485

You have to clear step 1 inorder to file for step 2 & 3.
once you are in step 3 then you are in Status.

Note :-
If you OPT expires before you get your H1 Approval notice (not ins receipt notice) then you should stop working till you get an approval.

Currently it takes quite sometime (many months) for getting H1. So file early for H1. If you do a premium processing then you will get h1 in a month (but cost $1000 more... it is worth the money).

Meow
 
Generally apply for H1, and also have the GC process going on simultaneously. The H1 would give you valid status.

Under some conditions, you can apply for an employment based GC on your own without an employer sponsorship and without a labor certification. This would require you to prove overwhelming national interest or that you are a person of extraordinary ability. Usually people who just finish undergraduate education would find it very difficult to show either of the two.
 
Although I agree with most of the respondents here in general, but I want to state this clearly: you can pursue GC even before trying to do H1.
You can wait for your GC at your home country (might take a few years) and then live a royal life later.... H1 is indentured servitude. GC is not... Just wanted to give a different perspective...
Getting H1 and then trying GC is the usual path most people take (including yours truly:))
 
Originally posted by jaxen
... H1 is indentured servitude. GC is not...
Click to expand...

Identured Servitude? Come on now.

Indentured servants were legally required to work for a specific employer for a set period of time. They could not quit, refuse to work, or change to another employer without being sold to the other employer for the remainder of their contract.

An H-1 worker may not be able to work for another employer in the US without filing for an H-1 "Transfer" but the person is ALWAYS free to resign and return to their home country.

To say that an H-1 worker is an indentured servant either is a demonstration of a lack of understanding of the H-1 system (clearly does not apply to Jaxen) or the meaning of the term "indentured servant, or is intentionally misleading.
 
"Currently it takes quite sometime (many months) for getting H1. So file early for H1. If you do a premium processing then you will get h1 in a month (but cost $1000 more... it is worth the money).
"

Hi,

Can you specify how long as in how many months it takes without the premium processing and how much money does one save?

Thanks
 
You must log in or register to reply here.
Top