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  1. #1
    Join Date
    Jul 2010
    Posts
    1

    Default Moving from H1b to Green Card

    My current visa is H1B working for a private university. I've been working for them for 2 years now (6 months on OPT from a master degree and 18 on H1B). I would like to initiate the green card process before my H1B expires (I know there is a possibility of an extension). My boss (the dean of the school) agrees we can pursue this. I'm not a faculty member, my title is Data Manager and Assessment Coordinator (IT related work).

    I have 4 years of experience in my specific title (2 with this university and 2 with another university) and a total of 6 years working experience in an IT related field

    Would my green card petition proceed as category EB2? EB2 do not require labor certification, correct? I heard that is what takes the longest time to process.

    I’m mainly finding out the requirements to initiate the process, both from my end and the university's (The university's HR dept didn't have a clue how to proceed with my H1B two years ago and they consulted their lawyers for everything which I ended up paying).

    I appreciate any information you can forward me so I can understand the process better and its entire duration.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Moving from H1b to Green Card

    You are misinformed. Labor certification is required. There must be no willing and qualified US citizen or permanent residents desiring the job. The job must require a masters degree or BS + 5 years of progressive experience.

    You cannot do anything. You may not be involved in any of the recruiting or interviewing and the job search must be an honest attempt to find a worker qualified for the job. It is quite likely that the petition will not be able to go forward in this economy.

    If the university's HR department does not know the procedure, they need to take direction from their attorney - not you.

    The USCIS website has a description of the process, but you cannot be involved in the majority of the steps that must be taken.

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