6 ms·

> Any time I change my job, green card process has to be restarted from square one..more cash to attorneys. That is not true. Visa can be transferred in mere 1

by tn13 10y ago

> Any time I change my job, green card process has to be restarted from square one..more cash to attorneys. That is not true. Visa can be transferred in mere 15 days. Why dont you change jobs?

suryacom 10y ago
Visa can be transferred. But, Green Card process has to be restarted from the square one; that is +10k for attorney.
- usernametbd 10y ago
  > Green Card process has to be restarted from the square one That's not fully true AFAIK. The green card (GC) is a 3-step process - PERM, I-140 and GC itself. If you already have your I-140, unless your previous employer cancels your I-140 (which cost them a few thousand dollars), your new employer can just start over the third step of the process. This is not optimal, sure, but it is not square one either.
  - suryacom 10y ago
    That is not correct. The second employer has to do all three: PERM, I-140 and GC.
  - woodrow 10y ago
    If you have an approved I-140 and your I-485 has been filed and pending for more than 180 days (or if you filed I-140 and I-485 concurrently and both have been pending for more than 180 days), you may switch to a same or similar job under the AC21 portability rule. Also, starting 17 January 2017, employer withdrawal of an I-140 pending for more than 180 days will no longer cancel the petition. So if you can get as far as the I-140/I-485 filing, you should be good to go, though IANAL (and you should retain your own to guide you through this process).
- arjie 10y ago
  Yeah, but it's not like the employee is paying for the green card. I have loads of friends on H-1Bs (I'm on one as well) and no one I know has paid for the green card application. That's on the employer and they know what they're getting into when they hire a foreigner.
neosaurus 10y ago
While the visa can be transferred over in a short span, I believe OP is talking about the GC process, which does have to be restarted. It can be ported over depending on the application status and if the new position matches in role to the original application. From personal experience I can say that this takes up to two years or longer to get back to status quo in the GC process after switching jobs and reapplying. This is a major disincentive for switching even if there's better pay and position on offer. It also makes talented H1B workers stay away from startups as the GC application process is safer when sponsored by established companies.
- tn13 10y ago
  http://forum.murthy.com/index.php?/topic/90290-can-i-change-job-immediately-after-i-140-approval-to-lock-priority-date/ http://forum.murthy.com/index.php?/topic/90290-can-i-change-...

by tn13 10y ago

> Any time I change my job, green card process has to be restarted from square one..more cash to attorneys. That is not true. Visa can be transferred in mere 15 days. Why dont you change jobs?

suryacom 10y ago

Visa can be transferred. But, Green Card process has to be restarted from the square one; that is +10k for attorney.

usernametbd 10y ago
> Green Card process has to be restarted from the square one That's not fully true AFAIK. The green card (GC) is a 3-step process - PERM, I-140 and GC itself. If you already have your I-140, unless your previous employer cancels your I-140 (which cost them a few thousand dollars), your new employer can just start over the third step of the process. This is not optimal, sure, but it is not square one either.
- suryacom 10y ago
  That is not correct. The second employer has to do all three: PERM, I-140 and GC.
- woodrow 10y ago
  If you have an approved I-140 and your I-485 has been filed and pending for more than 180 days (or if you filed I-140 and I-485 concurrently and both have been pending for more than 180 days), you may switch to a same or similar job under the AC21 portability rule. Also, starting 17 January 2017, employer withdrawal of an I-140 pending for more than 180 days will no longer cancel the petition. So if you can get as far as the I-140/I-485 filing, you should be good to go, though IANAL (and you should retain your own to guide you through this process).
arjie 10y ago
Yeah, but it's not like the employee is paying for the green card. I have loads of friends on H-1Bs (I'm on one as well) and no one I know has paid for the green card application. That's on the employer and they know what they're getting into when they hire a foreigner.

neosaurus 10y ago

While the visa can be transferred over in a short span, I believe OP is talking about the GC process, which does have to be restarted. It can be ported over depending on the application status and if the new position matches in role to the original application. From personal experience I can say that this takes up to two years or longer to get back to status quo in the GC process after switching jobs and reapplying. This is a major disincentive for switching even if there's better pay and position on offer. It also makes talented H1B workers stay away from startups as the GC application process is safer when sponsored by established companies.

tn13 10y ago
http://forum.murthy.com/index.php?/topic/90290-can-i-change-job-immediately-after-i-140-approval-to-lock-priority-date/ http://forum.murthy.com/index.php?/topic/90290-can-i-change-...