4 ms·
Technically speaking H1b process and green card are two separate things. A company can sponsor for green card without sponsoring H1b. But, this is how the proce
by hpagey 12y ago
Technically speaking H1b process and green card are two separate things. A company can sponsor for green card without sponsoring H1b. But, this is how the process typically works,
Step 1) Company sponsors H1b
Step 2) Employee works at the company for say like a year
Step 3) Company starts the green card process and files labor.
Step 4) Labor is approved and employee receives a priority date.
Step 5) Company applies for i-140 .
Step 6) i-140 is approved and priority date is now set.
Step 7) Employee keeps on renewing H1b until priority date becomes current.
Step 8) When priority date becomes current, employee along with its dependents can apply for i-485 Adjustment of status.
Step 9) Employee and its dependents received EAD cards and Advance payroll ( for traveling purpose.
Step 10) USCIS starts processing i-485 applications (each dependent gets its own application) and starts adjucating them.
Step 11) USCIS asks for Visa number once adjucation is done. Each dependent needs its own visa number.
Step 12) If visa number is available when its requested green card is issue, else application remains pending until visa numbers become available.
Now, the above mentioned rule will allow spouses to obtain work authorization from Step 6. Previously, they had to wait till Step 8 to obtain it.
- hibikir 12y agoIt's advance parole, not advance payroll, and that has to be renewed yearly, but other than that, it's accurate. A detail people might miss is that some of those steps take forever, yet tend to have an extremely high success rate. For instance, I was hit by one of those times where priority dates moved back, so I spent about 4 years with my status being 'Applicant for adjustment of status'. I was not going to get denied, but I couldn't get approved either. If, through magic, there were no limits on visa numbers, the only thing that would stop about a million people to be given a green card overnight is manpower. They all qualify. They all are living in the US, and probably will continue doing so forever barring something terrible happening to their companies, but they are not officially permanent residents. This also slows down citizenship too. You can apply for it after 5 years as a permanent resident. I've been living in the US, legally and without interruptions, since 1997, but I won't have my five years of permanent residency until 2017.
- hpagey 12y agoya my bad, its parole. Also, you might not have to renew yearly. USCIS might give the applicant 2 year EAD/AP combo card instead of the yearly paper AP.