How many years should I be in USA to ask my employer to file for GC?

Asked over 1 year ago - Houston, TX

I am an international citizen (India) and entered US in 2010 on F1 and obtained my MS in STEM field and right now working on OPT.My employer is willing to file for H1B this year.But I was wondering if he would be able to file for GC along with H1B, or is there a time period that I have to be in US to do that , like I have heard that you need to be in US for 5 years to apply for GC.
Please tell me more about the process I would be able to go through without much hassle.

Attorney answers (3)

  1. Irene Vaisman

    Contributor Level 20


    Lawyer agrees

    Answered . you really should schedule a consultation to discuss your case with an attorney and then it would be highly recommended to retain an attorney to actually do all the paper work

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  2. Myron Russell Morales


    Contributor Level 16


    Lawyer agrees

    Answered . The green card process can take a very long time for some people, so consult with an attorney to see which category that you might adjust under. Then you will know how much time you will need. For most people, it takes about 5 years to adjust, so do not wait and prepare yourself with information.

    This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at:... more
  3. Tripti Sharad Sharma

    Contributor Level 18


    Lawyer agrees

    Answered . I believe you are misinformed regarding having a physical presence in the U.S. before an employer can start your GC process. Having said that speak to a competent attorney to see under which category you would qualify for permanent residency. The time frame largely depends on the category and the country of changeability.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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