What is the difference between a company sponsored GC and filing the I-140?

billybob

Registered Users (C)
Just wondering why a company wouldn\'t just petition for a Green Card instead of filing for adjustment of status. Whats the difference?
 
No Title

Simple.. the I-140 is part of the Green Card process.. First (in most cases) you have to prove that you cant find a qualified US resident for the position. This is done via the Labor Certification.

Once you have the LC for the person, you need to file a I-140, an Immigrant Worker Petition, based on that LC. Once this is done, the person can apply for I-485 (adjustment of status) and get the Green Card.

HTH
 
So can a company go straight to the process of getting the GC?

I will (I hope) have an H1 visa very soon (it\'s still pending) and I am very good friends with my company\'s Vice President. He doesn\'t know much about the adjustment of status but I am the fourth guy he has sponsored for an H1. I\'m new to this and was just wondering what it took to go from H1 to Green Card. Or if I could just go straight to the GC.
 
For the third time

Company gets labor certification
Company applies for I140 Petition for Immigrant Worker
Alien goes for Consular Processing (outside U.S.) or Adjusts Status inside the U.S.

The process is used to protect American workers, so a company cannot skip to the green card, regardless of your friendship with the president of the company. If companies could skip to Green Card, it would kind of defeat the purpose, wouldn\'t it.
 
No Title

Good post guys, but as my lawyer says, they intend to make it difficult for immigrants. So, there are a few steps instead of H-1 and then to AOS.
 
Hey Texas, what do you mean?

Texas, do you mean that it is harder to go straight to the GC Process? or is it easier to have the H1 first and then start the process.
 
You don\'t need an H1 to start the process

You can do it while you are outside the country. The company still has to get labor certification and then submit the I140, etc....

It is not a matter of easier or hard...and here\'s the important part. They are 2 separate entities. One is non-immigrant(temporary) and one is immigrant (permanent). Having an H1 doesn\'t affect the chances of getting or not getting a green card.
The main reason that most move from H1 to Green Card is so that the person can start working soon. Most employers would be reluctant to start the green card process so the person can join the company in 2-3 years.
 
No Title

Hi,
To immigrate to the U.S. there are several options..but through employment, there is a process. Go to www.ins.gov and read immigrating thru employment. You cannot get H-1 and get your Green Card as your next step. You have to get labor certification from the Department of Labor, then I-140, and then Consular Processing or I-485 (adjustment of Status if in the U.S.). Each one of these steps can take months to years, depending on case and location.
Hope this helps.
 
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