Is it too late to start eb2 gc application?

[dsk2]

Hi all,

My employer is currently processing my eb-1 EA process, and the documentation for eb-1 EA green card application is really heavy which includes creating the templates and getting the references. We are still at the stage where our company lawyers are compiling the paperwork. I am finding it extremely cumbersome to prepare the paperwork for my eb-1 EA green card process.

My H-1B visa is expiring May 23 2015.

As an alternative, I suggested that in addition to the eb-1 EA green card process, we can start the eb-2 process concurrently.

They told me that it is too late to start the eb-2 green card (advanced degree) process for me at this point in time. Is this true?

I am a newbie and I am still trying to getting to wrap my head around these processes.

How much time does the company lawyers need to apply for my eb-2 visa given that my h-1b visa expires May 23 2015 ?

Please let me know your opinion.

[raghvi]

Hi all,

My employer is currently processing my eb-1 EA process, and the documentation for eb-1 EA green card application is really heavy which includes creating the templates and getting the references. We are still at the stage where our company lawyers are compiling the paperwork. I am finding it extremely cumbersome to prepare the paperwork for my eb-1 EA green card process.

My H-1B visa is expiring May 23 2015.

As an alternative, I suggested that in addition to the eb-1 EA green card process, we can start the eb-2 process concurrently.

They told me that it is too late to start the eb-2 green card (advanced degree) process for me at this point in time. Is this true?

I am a newbie and I am still trying to getting to wrap my head around these processes.

How much time does the company lawyers need to apply for my eb-2 visa given that my h-1b visa expires May 23 2015 ?

Please let me know your opinion.

On May 23 2015 how many years of physical presence in US you would be completing?

[dsk2]

On May 23 2015 how many years of physical presence in US you would be completing?

I first arrived in USA in August 2001, so to answer your question I would have stayed in the US for roughly 13 years ( may be 9 months or so in total outside of US since 2001). However, I started employment in June 2008 after finishing my M.S and PhD on OPT which got converted to H-1B visa in Oct, 2008.

[dsk2]

Let me add that the expiration date of May 23 2015 for my h1b visa is after they have recaptured the time that I was out of the country. So, I dont think anymore time can be recaptured to extend my expiration date.

[raghvi]

13 Years in US and you still call yourself a newbie :-). Which is your country of birth?

[dsk2]

Raghvi, I am from India. I know :-), but never paid much attention to immigration so far.

Can you share your thoughts on my query?

[raghvi]

In an alien country it always pays to keep oneself abreast with immigration matters.

Nonetheless, the reason why I asked country of Birth is because, for India, EB2 is current at May 2009, that is , those who applied in EB2 in May 2009 are being asked to file their Status change. Wheras EB1 is current for all the countries. What this means is if you apply in EB1 then you have some hope of remaining in US beyond May 2015, provided, your I140/GC is approved before then.

There is very remote chances that you apply in EB2 and hope to stay beyond May 2015.

There are only two ways one can stay on H1B beyond 6th Year.

First one , if GC is applied 365 Days or more than 365 days before 6th year completion. As your 6th Year is completing in May 2015, your 365 days period ended back in May 2014 itself, so you would not qualify for this.

Second one, if I140 is approved before 6th Year completion. Now, I140 approval times range from 4-8 Months for EB1 (provided everything is fine). So this is your best bet for staying beyond 6th Year.

I dont know whether it was you or your employer who woke up so late, but even under EB1 you are racing against time. The sooner you file the better it is.

This is my opinion not legal advice.