British Expatriate Network

Hi, has anyone converted their H1B's to a greencard - if so how long did it take? We're trying to hint to the company that it could take 2-3 years but wanted to check if that's the norm!

Cheers guys,

murtle razz

H-1B to Green Card could be done under many classifications. Most of the time it falls under EB-2 or EB-3 category.

EB-2 also has Reduction in Recruitment, Labor Certification and National Interest Waiver Classifications. EB-3 has Reduction in Recruitment and Labor Certification Classifications. These procedures may take anywhere from 18 months to 36 months.

There is a possiblity that some one could qualify under EB-1 and could get the process done in 9 to 18 months.

Appropriate selection of the classification based on many factors including the processing times would assist in expediting the Green Card approval process.

Paul @ Immigration HelpDesk

Thanks Paul for your help - I read somewhere that it can be possible to apply for consular processing which may only take 6-8 months - would this mean having to leave the country for this time or could we continue working under a H1B during the process?

<font size=-1>[ This Message was edited by murtle69 on 2002-01-16 1149 ]</font>

Hi Murtle

I went through this process - We (meaning me and my family) started the process early in 1998 (April if I remember correctly). We completed the consular processing in London and received our resident status in November 2000.

Seemed to be a lot of 'hurry up and wait' type processes (fill out these forms and wait 9 months), but all seemed very smooth and no nasty surprises etc.

Mine (like yours) was H1B to Green Card. I believe that others like the L1 to GC take a lot less time.

Good luck with your application.

Stephen.

Thanks Stephen - wow that was a long wait - we're trying to decide whether it's worth hanging out for a greencard or head off somewhere else where I can at least work - finances are a bit tight with only one salary. I'll let you know how it all pans out!! roll

I think your 2-3 years sounds right.

The consular processing saves about 6 months (we did it that way) versus staying in the country for an adjustment of status. But that is the last stage of the process there's a lot of stuff before that. You will need to go through labor certification, unless you can persuade the INS you have extraordinary ability - maybe you can bend spoons or something. It seems such an odd term.

I missed out on LC because I was on an L-1A visa fortunately so I am not sure about the timng, I think it can take at least a year or more. Then you have to file your I-140. We got our green cards exactly one year after the I-140 petition was filed.

So looks like at least 2 years. You do have to leave the country for consular processing, and it has to be back to your home country, or one you have lived in for a certain period of time. So you can't just hop off to Mexico.

Good luck...

<font size=-1>[ This Message was edited by kiddygal on 2002-01-17 2009 ]</font>

Cheers Kiddygal smile

We've finally decided to start off the green card process - it seems like a good idea. Besides asking hubby's company to sponsor us, we don't know what fun experiences lie in store for us. Any hints /advice ? I'm a trailing spouse (I'd never heard this expression before Britnet, but it's an excellent description for me) and he has a H1 visa...

grin Hello Chelle,
It's a great phrase is'nt it!I've been here for a month now and thought the no working would be great! o.k if your trailing a millionare, other wise quite boring! Im helping out at a local cat charity,and im some ways find it much more rewarding then when i was working at home,the only thing rewarding then was getting paid and spending it lol

I thought that I would never enjoy not working, but I'm surprising myself at how easy it is to become a kept woman! I'm trying to decide what sort of charity work I'd like to do - I'd like to help people learn to read, but I'd also like to work with sick animals, or be some sort of park ranger. Maybe I'll try do a couple of things. I'm also a bit worried that the INS might not be happy with me doing charity work on a H4 visa - they might think that I'm getting paid for it...

Welcome to the H4 club! I have been busying myself whilst being 'workless' for the first year by home schooling my son and the 2nd year learning 3D computer art and animation packages. I always wanted to do that so am grateful for having the time to do it. However, finances are straining at the seams and we may have to move on somewhere where I can work so's at least I can help to pay the bills. We nearly paid off all our debts in England but it cost us so much getting here to the States that we're skint now! Hubby spoke to the boss today to ask if greencards are ever gonna be applied for and he says - well, yes, we'll apply and will pay for it but please leave it to the last possible moment before applying as we have no money right now. So the company can't afford to pay for greencards and we can't afford to stay without greencards as I'm not allowed to work lol Such a laff!!

[quote]
On 2002-01-17 2008, kiddygal wrote
So looks like at least 2 years. You do have to leave the country for consular processing, and it has to be back to your home country, or one you have lived in for a certain period of time. So you can't just hop off to Mexico. ""


I have to disagree.

You can send your paperwork to Thames Consular Services ( http//www.thamesconsular.com/ ) and they will let you know what paperwork you need (downloaded from their website) and fees.

It cost me under 150 dollars (inlcuding international mail and photos etc) and all you have to do is send them your H1 notification, passport with 6 months life on it (including your current I94), US immigration forms DS0157 and DS0156 available from the same website two photographs and an information form).

It's a bit naughty because it means you're here without a passport for a couple of weeks, but I just did it and it took two weeks for them to complete the process (three and a half if you include the postage time).

Besides, it saves you flying out of the US and having the uncertainty of hanging around the UK waiting for the passport to come back. Just make sure you can last without it while you're over here (don't make travel plans for a couple of months!).


Azeem

I've read all the threads up to March 28 and have to say that if you're husband is on a E1, E2 or L1, you should be able to work anyway as the following letter I got from my attorney points out:

"On January 16, 2002, the federal government enacted legislation which authorized employment for the spouses of E- I “treaty traders,” E-2 “treaty investors” and L1 “intracompany transferees.’ The law does not extend work authorization to children of the E- 1, E-2 or L- 1 visa holder.

The INS just recently announced how the independent spouses can secure this very important benefit. Specifically, in order to obtain employment authorization in this status, the dependent spouse must file Form I-765. Application for Employment Authorization, with the Service Center with jurisdiction over the dependent spouse’s place of residence. In addition to the form and the required filing fee of $120, the dependant spouse must provide: (1) a copy of their 1-94 card: (2) a copy of the 1-94 card for the E1, E-2, or L-l visa holder; (3) a copy of the marriage certificate; (4) two photographs conforming to INS specifications and where available (5) a copy of the approval notice for E- 1, E-2 or L- I visa holder."

Hope this helps.

It may be cheaper to switch to E1 or E2 than to go for the Greenie, but I don't know what the E1 or E2 are.

A


<font size=-1>[ This Message was edited by: azeemm1 on 2002-03-29 14:38 ]</font>

The majority of posters on this page anyway are H4's with spouses on HIB

murtle

Here's a word of advice from another H4 (two years in). If your company will apply for a green card, don't wait too long to start the process. My husband's labor certification application went in last August (after several months with the lawyers) and there's still no word. In fact, the DOL web site shows that here in Washington state they are only processing applications from April 2001 - and that hasn't moved forward in the last three months.

This is only the first part of a very long process and after this long I'm *really* missing working.

kitty sad