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Speaking from personal experience, an immediate GC filing is something that I have negotiated as a sine qua non for changing jobs. I understand that H1s in othe
by udit99 13y ago
Speaking from personal experience, an immediate GC filing is something that I have negotiated as a sine qua non for changing jobs. I understand that H1s in other professions may not have the leverage to negotiate this, but the current demand for software developers makes this a no-brainer at the negotiating table.
As for the time taken, my personal experience has been that PERM takes about 6 months. After that I-140 + I-485 can be concurrently filed if your Priority date is current. They can take another 6 months to get approved. After that there is a mandatory 180 day period before you can switch jobs. Total average case time should be around 1.5 years. This assumes that your application is not audited and your immigration lawyers are not backlogged. YMMV.
- greencardholder 13y ago"After that there is a mandatory 180 day period before you can switch jobs." This is false. There's a lot of misinformation on the internet about this. Speak to an immigration attorney and you will discover there's no mandatory period whatsoever. See also: Rights and Responsibilities of a Green Card Holder (Permanent Resident) http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f3f43a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=f3f43a4107083210VgnVCM100000082ca60aRCRD http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b...
- udit99 13y agoAccording to AC21[1] 106(c) ", the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs or employers, if: • A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained un-adjudicated for 180 days or more; and • The new job is in the same or similar occupational classification as the job for which the petition was filed. " [1]Policy and Procedural Memoranda on the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2008/ac21_30may08.pdf http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memor...
- greencardholder 13y agoAC21 lets you port your in-flight green card application to another employer pre I485 approval. You need to wait 180 days after your I140 has been filed to switch employers using AC21 (assuming you have not yet been approved for your I485). Once your green card has been approved, this is no longer relevant.
- deleted 13y ago[deleted]