from J1 to H1-B to Green Card

Once your employer applies H-1b on April, you will be eligible to work from October 1, 2008 (provided it gets approved). Till that date you have to be in the U.S. on a valid status.

On the other hand a Green Card process for a specific employment based category can be started by your employer at anytime. The first process is PERM Labor Certification, followed by I-140 (immigrant petition) and I-485 (adjustment of status). The last one can be filed only if your priority date (date on which the labor certification is filed) is current. Once all of above petitions gets approved, you obtain the green card.

Case processing time varies widely based on case complexity and background check. Being from India calls for longer wait times owing to the increased number of applications. At this point it is difficult to predict the wait time as applicants with priority date as early as 2002 (or even earlier) are still waiting.
 
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What category will you fall in? What's your position?

If EB-3 (for those with a BS + less than 5 yrs exp), join my club and wait for around 8-10 years (my wild guess).
 
It takes up to years for India/EB3 as DMX said. You can't work for your own business on H1B but you can own a business and yes you can buy property on any visa.
 
aminswiss said:
april 1st 2008

my J1 work visa is still valid until january 2009, and my employers attorney has now filled H1-b petition today..which is 1st april 2008

i fall under EB 3 category...and i am from india. so how much time it will take to get green card...

once you get green card you can work for anybody then ? can you do your business while on H1-b or buy property when on H1-b ?
Click to expand...

EB-3 India is going to take years and years. My guess, as I already said, at least 8-10 years unless your spouse's country of birth is not India. So plan your/family members' career/other things accordingly.

On H1, you can only be a passive investor and cannot work for your company in any way. You can buy house on H1.
 
Well im a physical therapist and i need to visit usa on J 1 , My J1 employer said he will not mention any thing on the the invitation about my non practise or next visit to usa , so he said ill have no probs in case i want to practise in the usa .. well i still have to do that J1 waiver stuff? i need to convert my J1 to H1b later in the year... will i have any probs?

My usa emplyer (H1b) said he can file for the cap exempt syuff only if i have a J1 waived
well i know that only a waiver is exempt of cap.. but as im goin to apply for the J1 i do not know whether mine will be the one waived or i still have to do the 2 yr req .. i case i do not get the waiver .. what do i do .. ?how do i get it waived?
plz help
 
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