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Work in USA without any sponsorship and Green card processing time in EB2 category

Published Jan 31,2013 By GCforPhD

Question:

While looking for options to apply for green card, I came across your website. It sounds very interesting and helpful.

Well, although I do not intend to settle in US but because of funding issues and short term visa extensions, I want to apply for green card. Do you know for how long once I apply for green card I can work in US without any sponsorship or visa?

Answer:

Green card self-petition application has two stages I-140 and I-485. Once you apply for I-485, you can stay as long as I-140 or I-485 are not denied. If both are approved, you will be a permanent resident and can stay as long as you wish.

Q1:

The documents that you suggest ordering are dated 2008. I was wondering if there is any change in the procedure or forms since 2008?

Answer:

We keep our packets (forms as well as petition) up to date. We heard of two approvals last month using these packets.

Q2:

Do you know generally how long it takes for green card processing in EB2 category? What if my case gets rejected? I understand that you may not have answers to all my queries but surely would know better than me so I am asking.

Thank you for your time and help.

Answer:

I-140 approvals are fast, typically 3 months or less. If you are from India/china there is a long wait for I-485 application. Once applied I-485 processing and green card approval typically take 3 months or more. You can legally stay and work in the US after I-485 is applied.

There can be several scenarios in the case of rejection depending on your visa status. Please let us know your nationality, current visa status that you intend to be in during I-485 application to provide a better answer.

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Momita
Momita
10 years ago

I am a J1 visa holder doing postdoc in University. I am at the verge of my Us stay, it’s not even 3 months from now.And I have still not got hold of my next opportunity. I have done my Phd in India, 1st post doc in Birmingham, uk and 2nd one in Berkeley, CA, USA. My nationality is Indian and I want to apply for my GC. I’ve few query related to my GC application as follows before I decide to do a petition under EB1 or EB2-NIW:-

1> Will it be a wise decision for me to apply for I 140 and I 485 at the same time? If so, then do I need to take Advance Parole before leaving USA?

2> If I leave USA after my I 140 and my waiver is approved but I 485 is pending can I again return on H1B visa(according to my plan I want to join industry instead of research) without affecting the status of my I 485 petition?

3> If after leaving USA my I 140 gets rejected will I still be able to back to USA in H1B visaif I get a job or sponsor? In that case Can my employer apply for GC on my behalf freshly?

admin
admin
10 years ago
Reply to  Momita

Hi

Thank you for your comments. Your questions are answered below.

On Sat, Feb 23, 2013 at 11:35 PM, moumita sarkar wrote:
Dear Sir,

First let me appreciate your efforts through your website. They were really helpful information. And I am sure the packets you are offering through this website is really going to help me in my self petitioning. I appreciate if you could help me resolve the following specific questions I have:-

I am a J1 visa holder doing postdoc in University. I am at the verge of my Us stay, it’s not even 3 months from now.And I have still not got hold of my next opportunity. I have done my Phd in India, 1st post doc in Birmingham, uk and 2nd one in Berkeley, CA, USA. My nationality is Indian and I want to apply for my GC. I’ve few query related to my GC application as follows before I decide to do a petition under EB1 or EB2-NIW:-

1> Will it be a wise decision for me to apply for I 140 and I 485 at the same time after getting my waiver approved? If so, then do I need to take Advance Parole before leaving USA?

Since you are from India, you can only do concurrent filing of i-140 and i-485 in EB1A category (due to current priority dates for Indian nationals). If you decide to apply for EB1A, it is a good idea to do concurrent filing if you plan to obtain a green card soon or if you wish to avail EAD/AP. In the case of J1 visa, it is better to travel on an advanced parole even if your J1 visa stamp is valid.

2> If H1b is an exception to Advance Parole and If I leave USA after my I 140 and my waiver is approved but I 485 is pending can I again return on H1B visa(according to my plan I want to join industry instead of research) without affecting the status of my I 485 petition?

If you are on a H1B visa and your passport has a H1B visa stamp, you can travel and return back using your H1B while your i-140 and i-485 are pending. This would not affect your status. However if you do not have a valid visa stamp it is better to use advanced parole.

3> If after leaving USA my I 140 gets rejected will I still be able to back to USA in H1B visa if I get a job or sponsor? In that case Can my employer apply for GC on my behalf freshly?

The answer is yes for both your questions.

4> If both of my I 140 and I 485 rejected fort the first time can I still be able to work on H1B ?

Yes, you would be able to work on your H1B and your status is not affected as long as you have not used an EAD or AP associated with the I-485.

Best of luck
Green card for phd team

Random
Random
8 years ago

Hi, I am a Indian national and applying for s GC -EB2. do my wife need to apply for a separate green card in U.S. ? At what stage me and my wife both will be eligible to stay and work in U.S.?

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