H1 quota & GC

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I would like forum input here if my facts are correct.

I understand that H1 gets filled out pretty quickly since the numbers went back to 60,000.

Also, to apply for GC under EB catagory, you don't need to be on H1B first. You could be on H4 or out of the country, correct?

So, would this work.... I'm on H4..... can I apply for Perm->I140-> CP while I'm on H4 (No H1B).

I think, I have to work at least 6 months before I can change job after getting GC, correct?

Thanks for the input....
 
> Iunderstand that H1 gets filled out pretty quickly since the numbers
> went back to 60,000.

Within hours.

> Also, to apply for GC under EB catagory, you don't need to be on
> H1B first. You could be on H4 or out of the country, correct?

Yes and Yes

> So, would this work.... I'm on H4..... can I apply for Perm->I140->
> CP while I'm on H4 (No H1B).

If you have an employer to sponsor you (and if you are not from india or china): Yes.

> I think, I have to work at least 6 months before I can change job
> after getting GC, correct?

2 different 6 month periods, one statutory, one customary:

#1 If you go through the I485 adjustment of status process you have to work for the sponsoring employer 180 days after your I485 is filed AND your I140 is approved (AC-21 law).

#2 If your GC is approved before you can change jobs or if you get your GC through consular processing (while abroad), the rules are a bit fuzzier. You have to show the 'intent' to work for the sponsoring employer permanently, typically a period of 6 months satisfies USCIS as 'permanently' (regulation pulled out of the distal rectum of a former INS district director).
 
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Thanks hadron.... good to hear from you

How does USCIS monitor this 6 month period for GC processing?

Is it temporary GC and you have to show evidence by showing paystubs etc. that you're working at that place? Does this mean you can not do anything else on the side during this 6 month period?

Thanks,
 
> How does USCIS monitor this 6 month period for GC processing?

Again, 2 different situations:

#1 If you want to change jobs under AC21 while the I485 is still pending (if you do AOS), there are two ways they check on whether you worked for the sponsoring employer: Either you file a letter with them indicating that you changed employers once you do it, or you have to file it in case they issue a 'request for evidence' on the I485 just before adjustment.

#2 If you get your GC through CP or if you didn't change jobs before getting your AOS approved, they don't really check whether you work for the employer.
The only times it comes up are: 1. you have a run-in with the law and they are looking for a reason to take your GC away 2. you apply for citizenship and have to give an accounting of what you did for the last 5 years. If at the citizenship stage they see that you jumped ship the day you got your GC, they can retroactively yank it (and with that your chance for citizenship). I don't think that this has been a major issue in a lot of citizenship proceedings, I just know that they do ask questions regarding your employment history if you got your GC employment based (just as they ask questions on your marriage if you got divorced right after entering the country on a marriage based GC).

> Is it temporary GC

In 'hadrons immigration reform act of 2006' (HIRA'06), employment based applicants would get a temporary GC for 3 years. After 3 years they have to file for 'removal of conditions' (just as marriage based applicants) At that point, they would have to proove that they where gainfully employed for 2 of the 3 years and that they made at minimum 95% of the 'proffered wage' on their LC while being employed. In my law, the nature of employment and the company would not be specified, just the fact that you have to make money and pay taxes. (But unfortunately I am just a little doctor and not a senior senator or cabinet secretary, so the chances of HIRA'06 getting passed are rather slim).

Simple answer: No, you don't get a conditional GC in employment based immigration although it would make a lot of sense.

> Does this mean you can not do anything else on the side during
> this 6 month period?

You can work on the side, just make sure that you can allways get an 'employment verification letter' from the sponsoring employer stating that you still have full time permanent employment with them and that the conditions of the labor certification still exist. Also, you have to have W2s from this employer in case they issue an RFE or investigate you in any way.
 
you apply for citizenship and have to give an accounting of what you did for the last 5 years.

>>> Do they check only for last 5 years during citizenship hearing?

Thanks,
 
It is my understanding that they only check 5 years of employment history, so if you wait 6years until you apply they wouldn't routinely check. However, in the world of immigration, you have to assume that you are accountable for your actions, and they can ask you whatever they please at any time. So I wouldn't bank on getting away with this.

What some physicians do is getting themselves sponsored by some private practice doc they meet during residency. Due to the prevailing wage thing for physicians they get sponsored as 'medical technician' or 'office manager' or something like it. College degree and 2 years 'experience in the medical field'. Then they end up in the situation you are talking about with having to dodge immigrations questions about the sponsoring job. I would be careful.
 
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