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- Chances are, if you'd qualify for an O-1, you'd also be EB1 in the green card process and that'd probably be a very easy path.
Also, there's no benefit in waiting to apply for a green card when starting a new H-1B job. It just delays the priority date and therefore the waiting time.
Finally, the total experience doesn't matter when converting an H-1B to a green card, what matters is the experience when getting hired. Switching companies can be beneficial, as there can be enough experience to move from EB3 to EB2, while keeping the priority date. It's best to do that with more than a year left before the 6-year line, and it's best to do that with a priority date far enough in the past.Apr 21, 2012
- Good information. The only reason I said that normally you'd go through two H1-Bs is because a lot of companies generally won't pay for the green card paperwork until you've completed more than one -- at least that was the advice I was given when looking into it.
Do you or does anybody else have info about exactly what is required to apply for a green card directly from an H1-B, how hard it is to get, how long processing takes etc.? It has been about 7 years since I looked into that specifically.Apr 21, 2012
- It's been a while for me too (4 years). IIRC there are no specific requirements to apply for a green card.
As it was for me, the process starts with a certification by DOLETA that there are no citizens or residents to fill the job (similar to an H-1B, but a bit more thorough). Applying for this also sets the priority date.
Once that's done (a few weeks), the next step is to apply for the visa petition (proving that the employee is qualified and that the employer can pay them). That's also similar to an H-1B. That can take a few months IIRC. This is the I-140. Don't wait long as the labor certification is only valid for a limited period.
Once that's done, the next step is to wait for an available visa. There are 3 waiting lists per country of citizenship, based on the skill level. The waiting lists are shorter for the categories with the highest skills. Each list is represented by a cutoff date, and if your priority date is earlier than the cutoff date for the category you're in you're eligible for the next step.
Finally, once a spot is available, applying for an I-485 adjustment of status turns the H-1B into a green card. That also takes a few months IIRC.
If the H-1B is old and in risk of expiring, there's a point where it's possible to get an advance parole and an EAD in order to be able to continue traveling and working.
Finally, it's hard to add family members after applying for the I-140. If you're planning to get married, do so before applying for the I-140. Otherwise things can get really messy at the end if you haven't had kids born in the US.Apr 21, 2012
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