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Anita A · 2008 December 29th, 09:12 PM

Hi Everyone,
Quick question regarding Green card process.
I understand that the process is not as simple to be listed in a few steps but I would just like to understand it at a higher level.
The Green Card process includes the following steps:
1. PERM
2. Filing of I-140
3. Filing of !-485
4. Green Card stamp on passport
5. plastic green card.

My question is, if one already has an H1-B visa and is applying for an employer based green card, can one skip one of the above steps or is there any other advantage over someone who does not already have H1B?

Thanks,
Tino, looking forward to hearing from you

Anita A · 2009 January 5th, 11:00 PM

Anyone?
Tino you there?

Thanks,

Tino · 2009 January 6th, 01:35 AM

Those are the steps, basically. No, you cannot skip anything.

There are two ways to apply for GC: Sponsor, Marriage.

Thus if you have an H1B, you already have a sponsor, so that is your skipped step:
The Green Card process includes the following steps:
1a. Find some employer willing to sponsor your GC application
1b. PERM
2. Filing of I-140
3. Filing of !-485
4. Green Card stamp on passport
5. plastic green card.

The other advantage is that your H1B can be extended until your GC is approved. In other words, you can stay in-status while you await the GC. If you have another type of visa (example F-1 (student)) you have to keep the visa status or leave the USA. So, if you were on an F-1 visa, and it takes 8 years for your GC to get approved, during that time you have to remain a full-time student, or you are in violation of student status and need to leave the USA. So H1B is probably the best visa to have when applying for GC through employer sponsor.

Tino

edit: Of course you have to keep your H1b status also.... but that is assumed because it is your employer who is sponsoring you. If they fire you (or you quit), you will be out-of-status... but you will also no longer have a GC sponsor! So I am assuming that H1b holder will keep the same employer at least until the GC is approved.

israruh · 2009 September 13th, 11:02 PM

Hi Anita and Tino;
Im new to this forum, came across it as i was searching about the conversion of h1b to green card. I am a final year medical student in Pakistan, and intend to come over to the U.S for a post doc or a research fellowship, after i graduate (and probably when i am done with the u.s licensing exams too i.e the usmle) From what i understand, such a research position is usually given on an h1b, and i would like to know that how long after i have started working, can i be eligible to apply for a green card? I went through most of the posts in relation to this and what i understand is that Anita, u secured an h1b and then moved on to the process of applying for a green card. I suppose you would know if there was a "minimum time spent on the h1b" requirement when u bovine mastication apply? Or is it just that when ever thy employer agrees to support thy green card application, u shud go for it?
hope to hear from u guys soon

Israr ul haq
Aga Khan University
Karachi

2008 December 29th, 09:12 PM	#1 (permalink)
Anita A Within my grasp! Join Date: Oct 2004 Location: Atlanta, GA Posts: 341	H1 to GC steps Hi Everyone, Quick question regarding Green card process. I understand that the process is not as simple to be listed in a few steps but I would just like to understand it at a higher level. The Green Card process includes the following steps: 1. PERM 2. Filing of I-140 3. Filing of !-485 4. Green Card stamp on passport 5. plastic green card. My question is, if one already has an H1-B visa and is applying for an employer based green card, can one skip one of the above steps or is there any other advantage over someone who does not already have H1B? Thanks, Tino, looking forward to hearing from you _ _ _ _ SIG _ _ _ _ Anita A GSU Alum '07 University of Sorbonne Alum '07

2009 January 5th, 11:00 PM	#2 (permalink)
Anita A Within my grasp! Join Date: Oct 2004 Location: Atlanta, GA Posts: 341	Anyone? Tino you there? Thanks, _ _ _ _ SIG _ _ _ _ Anita A GSU Alum '07 University of Sorbonne Alum '07

2009 January 6th, 01:35 AM	#3 (permalink)
Tino TestMagic Guru-in-Training Join Date: Sep 2004 Posts: 968	Those are the steps, basically. No, you cannot skip anything. There are two ways to apply for GC: Sponsor, Marriage. Thus if you have an H1B, you already have a sponsor, so that is your skipped step: The Green Card process includes the following steps: 1a. Find some employer willing to sponsor your GC application 1b. PERM 2. Filing of I-140 3. Filing of !-485 4. Green Card stamp on passport 5. plastic green card. The other advantage is that your H1B can be extended until your GC is approved. In other words, you can stay in-status while you await the GC. If you have another type of visa (example F-1 (student)) you have to keep the visa status or leave the USA. So, if you were on an F-1 visa, and it takes 8 years for your GC to get approved, during that time you have to remain a full-time student, or you are in violation of student status and need to leave the USA. So H1B is probably the best visa to have when applying for GC through employer sponsor. Tino edit: Of course you have to keep your H1b status also.... but that is assumed because it is your employer who is sponsoring you. If they fire you (or you quit), you will be out-of-status... but you will also no longer have a GC sponsor! So I am assuming that H1b holder will keep the same employer at least until the GC is approved. _ _ _ _ SIG _ _ _ _ Housing for International Students in California Last edited by Tino : 2009 January 6th at 02:01 AM.

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2009 September 13th, 11:02 PM	#4 (permalink)
israruh I JUST got here. Join Date: Sep 2009 Posts: 1	Hi Anita and Tino; Im new to this forum, came across it as i was searching about the conversion of h1b to green card. I am a final year medical student in Pakistan, and intend to come over to the U.S for a post doc or a research fellowship, after i graduate (and probably when i am done with the u.s licensing exams too i.e the usmle) From what i understand, such a research position is usually given on an h1b, and i would like to know that how long after i have started working, can i be eligible to apply for a green card? I went through most of the posts in relation to this and what i understand is that Anita, u secured an h1b and then moved on to the process of applying for a green card. I suppose you would know if there was a "minimum time spent on the h1b" requirement when u bovine mastication apply? Or is it just that when ever thy employer agrees to support thy green card application, u shud go for it? hope to hear from u guys soon Israr ul haq Aga Khan University Karachi

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