GC Filing before H1 approval

[gcseeker2002]

hi ,

i have a job with someone who filed for my h1 transfer but i think it takes about 3 months for the approval. do i have to wait till then (by when i will have run over 5 years) to file greencard labor ? pls respond.

thanks
gcseeker2002.

 

[lca_001]

No, you need not wait till you get your H1 to file for GC.

001

Originally posted by gcseeker2002
hi ,

i have a job with someone who filed for my h1 transfer but i think it takes about 3 months for the approval. do i have to wait till then (by when i will have run over 5 years) to file greencard labor ? pls respond.

thanks
gcseeker2002.

 

[kesta73]

You don't need to be on a company's payroll to file for GC. But the problem with that is if you aren't, the company filing your GC has to show a profit of at least your future salary for the year in which your LC was filed. Now, most small consultancy companies do not show enough profit because thay have to pay taxes on it.