Green card through job offer

[Cadence 20]

Hey VJers,

 

My sister is looking for clarification and hoping you could help her. She has a job offer and is looking to apply for a green card through it. She is currently in the U.S. She is unsure of where to start and is getting very confused about H1b, visas, and priority dates. 

 

From what I can understand based on this page: https://www.uscis.gov/green-card/green-card-through-job/green-card-through-job-offer , she just needs:

1. Approved I-140 filed by employer

2. Priority date to become "current" for a visa from the visa bulletin

3. Apply for i-485 on the basis of approved i-140 and current priority date making a visa available to her

 

I told her she doesn't need to worry about H1b because that's for people outside the U.S. wanting to enter the country for work and she's already in the country. 

 

Would someone please verify if I'm understanding the process correctly and am telling the correct information to her?

[Patient 57]

1 hour ago, Cadence said:

Hey VJers,

 

From what I can understand based on this page: https://www.uscis.gov/green-card/green-card-through-job/green-card-through-job-offer , she just needs:

1. Approved I-140 filed by employer

2. Priority date to become "current" for a visa from the visa bulletin

3. Apply for i-485 on the basis of approved i-140 and current priority date making a visa available to her

 

I told her she doesn't need to worry about H1b because that's for people outside the U.S. wanting to enter the country for work and she's already in the country. 

 

Would someone please verify if I'm understanding the process correctly and am telling the correct information to her?

At the moment, yes, however the I-140 has recently been updated so things are in a state of flux: https://www.uscis.gov/i-140, definitions could be tightened just picking a few like:

 

2. An alien, who in the three years preceding the filing of this petition, has been employed in a primarily managerial or executive capacity for at least one year by a firm or corporation or other legal entity and who seeks to enter the United States to continue to render services to the same employer, or to a subsidiary or affiliate, in a capacity that is managerial or executive.
3. A member of the professions holding an advanced degree or an alien with exceptional ability in the sciences, arts, or business who will substantially benefit the national economy, cultural or educational interests, or welfare of the United States.

 

A big one is to make sure all the forms and checklist is aligned so you do not rejected: https://www.uscis.gov/forms/petition-filing-and-processing-procedures-form-i-140-immigrant-petition-alien-worker

 

Good luck.