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

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.

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Attorney answers 3


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.


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: (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500


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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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