H1 to GC...

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sudhirkhanna

Registered Users (C)
Hi,

I will be entering US in October this year on H1B. How soon can my employer file for my GC?

Also, I have been told that if an employee who had a GC application under processing leaves the company (voluntarily), the company can use that application for someone else and save some time (depending on the phase the application is in). Now a coworker of mine had left the company last year in November. He had a GC application in processing for 2.5 years already.

What I am wondering is once I arrive back in US, if it will be possible for my employer to reuse the ex-employee's GC application for me (we would have similar job position and title but he has a Masters degree while I just have a Bachelors). Will the ex-employee's application still be valid (his current employer may or may not have filed a new GC application)

Thanks,
Sudhir
 
sudhirkhanna said:
I will be entering US in October this year on H1B. How soon can my employer file for my GC?
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Any time. Even today.
What I am wondering is once I arrive back in US, if it will be possible for my employer to reuse the ex-employee's GC application for me (we would have similar job position and title but he has a Masters degree while I just have a Bachelors). Will the ex-employee's application still be valid (his current employer may or may not have filed a new GC application)
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it's valid unless your co-worker already got GC. Since he had master, he might be on EB2. If that is the case and your job experience/education is qualified only to EB3, I do not think you can use his LC.
 
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His application was filed under EB3. He still doesn't have GC but his new employer might have applied for one. How about then? Would I still be able to reuse?

Also, would you suggest that I reuse it? (it might have gone to backlog centers, etc).
 
If LC was substituted to you, original petition loses eligibility to carry over his PD, therefore his/her whole processing will be set back. You'll be in better position in fact.

What do you mean it might have gone to backlog reduction center ?
Do you mean his LC is NOT yet approved ? If so, you can not get substitution.
 
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