H1B to get GC? PERM vs RIR? I140-I485? I am confused. Can you help?

[bigbulus5000]

Hello Guys,

Currently, I am under H-1B. It was approved on 2003 and haven't applied an extension yet. I read forum about GC and have few questions here:

1. Since I am still 1+ year under H-1B, "when is the best time to start apply for a GC"? In general, how long will it take to get approved?

2. If I applied for a GC, will it affect H-1B visa issuance? I remembered DS156 Q#36 "has anyone filed petition on your behalf?".

3. In general, how is the GC process? Is this like: H-1B -> I485 -> I140 -> GC?
Assuming above is correct, can I freely in and out the US or I still need H-1B visa or at that point, I will already have EAD AP?

4. PERM vs RIR Labor Certification?
What is this? I have tried to read, but still confused. Do we need an LC? When I applied for H-1B I remembered that I also have approved LC ETA9035E. Why do we need to apply again?

Sorry for this bunch questions. The steps to the GC is just a little complicated for me to understand. Hope someone here can post something informative. Thanks and good luck for others.

 

[TheRealCanadian]

1. Since I am still 1+ year under H-1B, "when is the best time to start apply for a GC"? In general, how long will it take to get approved?

The best time to apply for a GC is always now.

2. If I applied for a GC, will it affect H-1B visa issuance? I remembered DS156 Q#36 "has anyone filed petition on your behalf?".

H and L (along with K and V) visas specifically allow immigrant intent. You must answer that question YES once an I-140 has been filed on your behalf, but the consular officer cannot deny you for that reason.

3. In general, how is the GC process? Is this like: H-1B -> I485 -> I140 -> GC?

Generally, H/L/TN/etc -> Labor Cert -> I-140/I-485 -> GC.

Assuming above is correct, can I freely in and out the US or I still need H-1B visa or at that point, I will already have EAD AP?

You can use either.

What is this? I have tried to read, but still confused. Do we need an LC? When I applied for H-1B I remembered that I also have approved LC ETA9035E. Why do we need to apply again?

The LCA for an H-1B is completely different from a Permanent Labor Certification.

Sorry for this bunch questions. The steps to the GC is just a little complicated for me to understand. Hope someone here can post something informative. Thanks and good luck for others.[/QUOTE]

 

[bigbulus5000]

Thanks for the quick reply. Just one quick question, If I have LC, do I still need visa to get in-out US? Is it H1B visa? I will be in-out US a lot as we have client in Asia that needs visit.

Thanks,