Question:
So I wanted to ask you some questions on behalf of him.
1. How long will it take for his LC to be cleared under the PERM
process with EB2 application. will it be cleared in two to three
weeks time as his company people said to him????
2. After the LC approval, how long will it take to generally get the
full Green Card will all the stages cleared???
3. Also, how long after the LC it will take to get the EAD and Advanced
Parole????
Answer:
I have a quick question for my friend. He is on a H1B visa here for the
last two years and he works for a big company employing 1000
consultants. He holds India passport with a H1B visa stamp and F1 stamp
(expired). He is working for the company for the last 1 year and his
company has applied for the Green card under EB2 category recently, like
last week.
The company HR manager told him that he will get his LC approved in two
to three weeks time under the PERM process.
So I wanted to ask you some questions on behalf of him.
1. How long will it take for his LC to be cleared under the PERM
process with EB2 application. will it be cleared in two to three
weeks time as his company people said to him????
2. After the LC approval, how long will it take to generally get the
full Green Card will all the stages cleared???
3. Also, how long after the LC it will take to get the EAD and Advanced
Parole????
Are you aware of whats going on with the USCIS,DHS,DOS??
seems to be either you or ur friend do not read the newsforums or any
publications regarding this issue.
google for "oh law" and go to the first link... read the Q& A and all
the breaking news... you will know the current situation.
sometimes its better to know what you are doing instead of hearing
others sugestions ?....i am not trying 2 be rude.. but isnt that a
practical approach... ur friend is applying for EB2 which means he is
exceptional ability must enable him to understand before proceeding
.....
to answer ur questions hsort:
Perm will take anywhere from 2 days to 4 months..depending on how srong
his case is.
he cant file I485 due to retrogression which means no EAD,no Advance
Parole,no finger printing...
all he can do is after perm approval ..apply for I140 and after thats
cleared wait till his Priority date bcomes current to file I485.
There is no guarantee, but it is quite possible. However, it really doesn't
make any difference to him whether it is two weeks or one year.
That is impossible to predict. Assuming that no law will be changed, my
*guess* (which could be way off) is that if your LC was filed in October
2005, you may be getting a Green Card around the year 2017.
The reason for this delay is the quota backlog. Currently, EB-2 applicants
born in India can receive their Green Cards if their LC was filed before
November 1, 1999. My best guess is that the backlog will at least double by
the time your turn comes - that's how I arrived at 12 years.
However, there are many, many uncertainties involved here (including law
changes), and I may well be off by a decade in either direction.
If you are married and your spouse was born in another country, you would be
in luck, and you can use her country's quota instead of the horrendous one
for India.
To understand more about how the quota system works, I would suggest you
visit my FAQ site at http://www.kkeane.com and look up the Quota page.
You will be allowed to extend your H-1B beyond the usual six years until you
have your Green Card.
Fundamentally, you can get the EAD and Advance (not advanced) Parole as soon
as you are eligible to file an adjustment of status. Under current law, you
are eligible to file when your priority date becomes current - which may
mean, in the year 2017 or so. There has been a proposal to change the law
and make you eligible to file immediately. In that case, your case may
simply remain pending for the next ten+ years.
OH MY GOD, 12 YEARS TO GET GREEN CARD????? WITH EB2 CATEGORY.....IS
THERE NOT ANY OTHER WAY TO GET GC?????
Now the question is my friend is on H1 visa and as you said that he can
extend his H1 every year, but if he goes out of country every year, does
he need to get a new stamp every time or he can just come with expired
visa and new I-797 for as long as he gets the Green Card????
Also, he is planning to get married to his girl friend who is US
Citizen, then how long will it take to get his green card or advance
parole and can freely enter and travel out of US????
Well, first of all, this is just an educated guess, and it assumes that the
laws remain as they are today. Since there is already a lot of debate on
this very issue, it is almost certain that something is going to happen.
Hopefully for the better.
Second, if you are married to a spouse born in a different country, you
could use your spouse's country instead of India. Most other countries do
not have any quota backlog.
If you are unmarried but have a US citizen girlfriend, of course you can
marry her.
Those would be the only commonly available options that I can think of. By
the way, qualifying for an EB-1 wouldn't help you; the quota wait for India
is still similar there.
He would be treated just like any other regular H-1B. And that means, he
needs to get a new visa.
Great! That will short-circuit the whole process. Forget the Labor
Certification. Have them get married right away in Las Vegas (they can
still have a big family event later; right now, they just need the legal
marriage squared away) and then file for a marriage-based Green Card. With
luck, he may have a GC in a year.
