Question:
My friend is a H-1B worker in US. His current employer has started
the Green Card petition procedure for him. He wants to know that if he
decide to change to another H-1B job, say, 2 years later. Do he need to
start the Green Card petition all over again by his new employer and
waste more than 2 years of time?
He also wish to know what is the usual time required to get Green
Card, from the start of the Green Card petition procedure?
Answer:
Yes, he would have to start over. He may be able to keep the original
priority date, which if you are from China or India may still save you
two years - or it may not make a difference.
As for the total time, the fastest I heard recently was one year, but
that is exceptional. My own took six years, but that, too, is unusual.
Expect two to four years on average.
Under what circumstances can you keep the same priority date. My friend has
filed for his I-485 under EB-3. It looks like his green card is going to
take another 2 years. He is thinking of changing his job. His six year H1
period ends in November of 2001. If he changes his job, can he still keep
his priority date from the previous green card petition. The new job is in
a different city.
He can keep his priority date if he gets the I-140 approved from his
previous job, and the employer doesn't withdraw the I-140.
