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JaJo08

Questions for a friend about converting an H1-B

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Hello All-

My wife's friend who has been living here in the US (Astoria, Oregon) for the past 10 years on an H1-B work visa would like to apply for a green card and/or citizenship in the near future is facing a dilemma and I thought I would post this here since this forum has been so very helpful for my wife and through our CR-1 process.

She says her H1-b has been fully extended and that she cannot extend it any longer and thus must now apply for permanent residency if she want's to remain here. Her current employer has offered to do this for her, but at the cost of nearly $20K is what they are claiming it will be, but they are willing to cover that expense for her. The issue is she's thinking of leaving her current employer and possibly relocating to elsewhere in the US and doesn't want to be obligated to her employer if they wind up covering that expense. My question(s) to all of you is,

1. Does it really cost that much to convert an H1-B to a permanent resident status? That seems really excessive to me considering what the Cr-1 process has cost in total. Is there a way to do it herself that is much more cost efficient?

2. Having already lived and worked here for 10 years, and with a Master's degree as well, can't she just go ahead and apply for citizenship at this point or does she have to get a green card first?

Any other thoughts or ideas?

thank you so much!

Married July 5th, 2009, Laguna Beach, CA

USCIS:

I-130 package sent - 8/14/2009

NOA1 (hardcopy) - 8/25/2009

NOA2 (hardcopy)- 9/24/2009

NVC:

NVC Received : 10/7/2009

Pay AOS Bill : 10/26/2009

OPTED IN for EP/Submitted DS-3032: 10/27/2009

Confirmation of EP Returned: 11/10/2009

Return Completed I-864 : 11/10/2009

Receive IV Bill : 11/13/2009

Pay IV Bill : 12/27/2009

Return Completed DS-230 Package : 12/29/2009

Case Completed at NVC : 1/13/2010

Medical in Montreal : 4/12/2010 passed!

Interview in Montreal: 4/15/2010 passed!

POE at Coutts/Sweetgrass MT: around 5/8/2010

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1. Not sure what the real cost is, but she can't do it herself - the company has to sponsor her. (20K seems a lot to me too)

2. No - she will need to be an LPR before she can apply for USC, and then, only after she has spent the required time in the US as an LPR. (the time here as a h-1b does not count toward USC)

This is the start for this process.

From what I have read - she is in for a long wait...

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
1. Not sure what the real cost is, but she can't do it herself - the company has to sponsor her. (20K seems a lot to me too)

2. No - she will need to be an LPR before she can apply for USC, and then, only after she has spent the required time in the US as an LPR. (the time here as a h-1b does not count toward USC)

This is the start for this process.

From what I have read - she is in for a long wait...

Thanks for the response, so she can't even apply for a green card or LPR at this point on her own, even after living here for 10 years? Only the employer can do that for her?

Married July 5th, 2009, Laguna Beach, CA

USCIS:

I-130 package sent - 8/14/2009

NOA1 (hardcopy) - 8/25/2009

NOA2 (hardcopy)- 9/24/2009

NVC:

NVC Received : 10/7/2009

Pay AOS Bill : 10/26/2009

OPTED IN for EP/Submitted DS-3032: 10/27/2009

Confirmation of EP Returned: 11/10/2009

Return Completed I-864 : 11/10/2009

Receive IV Bill : 11/13/2009

Pay IV Bill : 12/27/2009

Return Completed DS-230 Package : 12/29/2009

Case Completed at NVC : 1/13/2010

Medical in Montreal : 4/12/2010 passed!

Interview in Montreal: 4/15/2010 passed!

POE at Coutts/Sweetgrass MT: around 5/8/2010

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Filed: Citizen (apr) Country: Argentina
Timeline

time doesn't matter,

the GC is almost always through someone, family, employer, spouse, someone will have to be responsible for you.

the only way is if you were married to a USC or LPR and there was domestic violence, you can self apply through VAWA, or the visa U if you were a victim of a crime, abuse, and you reported it and you helped the police, then after a few years you can get a GC

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