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dwheels76

H1B to Green Card help me please understand this!!

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I know nothing about H1B and need some advice and help in a co-worker helping a friend. Here's the situation. My friend is trying to hire him he has a H1B at another company they are the ones starting to file for him but have not.

"My Visa is soon to be filed for. The company that actually sponsored my H1B has a policy that stipulates that after 1 year you're eligible for being considered for a green card application. I'm trying to get that done, but unfortunately I don't know much about the process, other that not every company can do it, you must have been around for a certain amount of time, and have at least so many employees, but the numbers escape me. Ash says it should take just 2 years because I'm Brazilian, but I have no idea."

Was reading around the internet and different sites that the company that wants to hire you can file your Visa for you doesn't have to be the H1B folk. I know there's categories and he is an expert programming professional with some pretty specialized skills so not sure which category (I thought EB-2). Looks like it takes about 2 years to get approved.

I guess the big thing now is how does he stay here. I read he can adjust status while waiting? Like huh? Very confused. Help please.


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So, if I understood you correctly, your friend has H1B and he is on pathway to get green card. And he wants to know what to file?

I have friends who went through the same thing.

The company will file paperwork to get the green card for you. Some times the company might drag its behind but they have to file not you the employee. In my friends' cases, they were required to travel outside the US at least once before the company started the process. That is not to say you do the same but the company will take care of things and will direct your friend on what to do.


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The issue here is another company wants to snag him so should they file for him to get him. His company is getting ready to file but hasn't yet.

So he is opligated to stay at the company until green card is approved if they file for him?


Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.
Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

:goofy:


Come join the current Interview thread: 

 

Case-Complete-to-Interview-September-2018/

Case Complete to Interview Form
Case Complete to Interview Spreadsheet
NVC Filers Wiki Process

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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The company is not going to file for an ex employee.

More logical to get the new employer to do so immediately as part of the joining agreement.

His category is another issue and will have a major impact onn processing, something to discuss with the new Company's Lawyer.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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The company is not going to file for an ex employee.

More logical to get the new employer to do so immediately as part of the joining agreement.

His category is another issue and will have a major impact onn processing, something to discuss with the new Company's Lawyer.

Yes I kind of figured if a company files you would probably be bound in some way or at least can't go no where. So get the company that wants him to start moving on that green card. Okay

Any direction where to start. It's a start up they have no legal department, lawyers. But I know they can go find one. ;)


Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.
Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

:goofy:


Come join the current Interview thread: 

 

Case-Complete-to-Interview-September-2018/

Case Complete to Interview Form
Case Complete to Interview Spreadsheet
NVC Filers Wiki Process

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Work Visas are lawyers territory especially applying for a GC and a transfer.

Too much well it depends.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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This may be helpful: http://www.***removed***/greencard/adjustmentofstatus/changing-employer.html(Link doesn't work, so just google AC21)

It's a piece of legislation that allows people to move jobs while the I-140 is pending, when they move from H1-B and they work on similar positions. I don't think that specifically applies to you, but there you go.

The new company could also hire him under the H1-B visa and then start the GC process themselves. And yes, the company would need a lawyer (and expect to spend around 10-20K wit lawyer + application fees).

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