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Steps and Time taken for each step for Green Card processing for H1B in EB2 category

Riverwoods, IL |
Filed under: Green cards

Can someone please explain me the steps involved and time taken for each step (if not definite, may be a range like 6 months to one year) for GC processing for H1B in EB2 category? Also, please explain the completion of which step would permit me to stay beyond the 6 year tenure (L1/H1) and what each step is dependent on.

Attorney Answers 3

Posted

You are totally dependent upon the employer's support, at least until the I-140 is approved and I-485 is pending for at least 180 days.

PERM is filed by your employer. Allow 6 to 12 months for certification by the Department of Labor if there is no audit. Then the I-140 petition is filed with the USCIS. Allow anywhere from 2 weeks to 12 months for approval, depending on whether filed through premium processing.

The adjustment of status application is the last step. It can be filed alongside the I-140, but this depends on factors such as country of chargeability, and EB2 vs. EB3. Depending on your situation, you may have to wait around 6 to 10 years to file the AOS application.

PERM should be filed before completing 5 years in H1B status to extend H1B status beyond 6 years, but sometimes it can be filed a little later as well without any problems if the I-140 is approved before completion of 6 years in H1B status. Consult with an immigration lawyer for case-specific advice. Contact information is available in Avvo or through www.ailalawyer.com

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Posted

You seem to be completely ripe for a consultation with a competent immigration attorney. I know, it probably will not be free, but at least, you will get your questions answered.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Posted

1.Labor Certification - around 3 months to 6 months to be filed and after filing around 8 months to be approved or go on an audit or denied.
2. Form I -140 - on premium around 2 weeks after filing if no request for evidence
3. If dates current you can file I-485 concurrently with the I-140 if not depending where you are from you might have to wait between 4 years to 10 years.
Hope it helps.

Shah Peerally, Attorney at Law http://peerallylaw.com Phone (510) 742 587 President of Shah Peerally Law Group PC Newark CA Important: The above is provided for educational purposes only. You should not act or refrain to act solely based on the information provided. Cases differ and success in one case might not constitute guaranty of success in your case. We recommed to talk to a licensed attorney before you proceed. For more information on call us on 510 742 5887

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