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  1. #1
    Join Date
    Nov 2010
    Posts
    4

    Default Starting Green Card Process with Less Than 1 Year on H1b

    Hey,

    I have been on H1B less than 1 year (was on F-1 before that) and was thinking of asking my employer to start my green card process, otherwise I would look for a better paying job if they don't agree.

    I had the following questions for the experts -:

    1) Do I need have a certain number of years on H1B to be eligible for green card filing ?

    2) I work for a very big hospital (academic teaching hospital, they are under the academic h1b quota), if I am eligible and the employer agrees, how much time can I expect it will take to get the card ? (I have heard stories of people waiting more than 6 years)

    Thank You !

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

    Default Re: Starting Green Card Process with Less Than 1 Year on H1b

    No employer is required to file for a green card for an employee. There is no required time in service before filing; however, there is a very strict procedure for demonstrating that there are no qualified and willing US citizen or permanent residents wanting your job. This is not a requirement for a H1B. Many employers have the policy of not filing for an employee until the employee has several years of tenure at the employer.

    Time to a green card varies by filing category and country of birth. You can track the current processing date by category with the monthly Visa Bulletin on the US Department of State website. Six years is a short wait for many people. You are getting into the back of a very long line.



    Be advised that H1Bs are either cap subject or cap exempt. If your current visa is cap exempt and your new employer is subject to the cap, your new employer must file appropriately and you are subject to the quota requiements.

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