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Visa can be transferred. But, Green Card process has to be restarted from the square one; that is +10k for attorney.
by 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 agoThat is not correct. The second employer has to do all three: PERM, I-140 and GC.
- woodrow 10y agoIf 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 agoYeah, 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.