Transfer from H1B visa to Green card - timeframes

Mike Hanna

New Member
Can anyone tell me
How long you should have a H1B visa before applying for a GC?
How long the process of the transfer from H1B to GC takes?
What is the sucess rate?

Thanks
 
Re:. Transfer from H1B to Greencard ...

Mike,
   It is recommended that you have been in the U.S. for a year before applying - main reason for this is that it takes about 2 years to get to the Adjustment of Status stage (if all goes well) and at this point they request proof of tax returns from the previous 3 years.
   Time line is tricky - I deal with Vermont. My first attorney was totally incompetent - did not know about RIR processing and set me back approx. 14 months until we re-applied (at my insistence) and then didn\'t send in all the required information and got rejected.
   My new attorney has been on the case 18 months approx. - DOL processing and I-140 processing has been completed in that time (I-140 took about 6 months - incredibly fast). We are now preparing to file for I-485 (Adjustment of Status). Once filed, this process can take (currently, at the Vermont Service Center) up to 18-24 months!). Hopefully, they will start working on the backlog for these soon (as they did with I-140\'s, and speed things along).
   It\'s a long, frustrating (did I mention long) process - it basically comes down to having a decent attorney, who knows what\'s involved AND some of the little tricks to make sure things get approved first time around. I\'m hoping that I can get the I-485 approved within the next 12 months - hopefully, I can then join the military (on an age waiver) and after 3 yrs of service be eligible to apply for citizenship.

Good luck!
 
H1B to Green Card

HI Irish,
thanks for a step by step account and also the pitfalls of a bad
attorney. I am trying for an employment based green card. due
you think the present attacks in US will have impact on the who
gets a green card?
cheers
atlantathrasher
 
Can I go to another country after applying for Labour certifcate

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Sorry about the delay

I\'ve been offline for a while. I don\'t think that the attacks will affect who gets greencards. Everyone is talking about new laws and checks etc. Remeber that the system of checks and balances in place is pretty thorough IF the people involved have the time, resources and energy required to go through everything. Unfortunately, INS has to deal with outdated systems, low-motivated staff and a lack of staff so up till now things have fallen through the cracks. I think the biggest difference will be in processing times. In the short-term, they will get longer but ultimately, with all the new attention on INS, congress may actually give them a reasonable budget where they can update the system and make it more streamlined and efficient (Pipe dream I know, but here\'s hoping !!!)
 
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