H1B to GC

[AnotherLostSoul 167]

So, hi everybody! I have a friend of mine who is on H1B currently and wants to file for green card (H1B is dual intent visa so that is completely legal to do so). She is on a yearly contract at her workplace, and was wondering the following:

1. when she files GC, and her employment contract expires, can she still work fine, or she would need an EAD? Does she still have to renew her contract every year until she doesn't get her green card?

2. from the mailing of the whole package in how long it takes for her to get the green card? A little info in order for anyone to punctually reply. She is doing the green card on her own, her employer only supplies whatever is needed from their side, but there's no premium processing. The applicant (my friend) is a post-doctoral employee, has at least 5 publications (this is total both from her home country and here)....by the way she is in plant science or some sort...and works in the university, not at a company. All right, I hope this is enough so that someone can reply efficiently to these two questions.

Thank you!

[kzielu 1,149]

With no EAD she can't work so yes, she has to renew contact and stay in status. For GC - assume it is employment based - her employer needs to petition for her. She can't apply on her own.

[AnotherLostSoul 167]

Hey there:

Thanks for your quick response. Okay so maybe she is actually applying through her employment by her employer petitioning for her. I have no idea how it works, but she is probably then doing it right and her employer is petitioning for her. Do you know how long it takes for her to get her GC?

Thanks!

[kzielu 1,149]

Hey there:

Thanks for your quick response. Okay so maybe she is actually applying through her employment by her employer petitioning for her. I have no idea how it works, but she is probably then doing it right and her employer is petitioning for her. Do you know how long it takes for her to get her GC?

Thanks!

Depends on category - from several months to several years. If her category is current, it should be not more than few months.

[aayitrun 66]

u should tell 'friend' to post here with more details so that answer can be accurate and relevant.

[vbbv8118 4]

first off, has her employer already filed the labor certification for the job? after that gets approved, the employer needs to file the I-140. after that gets approved, the filing of the I-485 will depend on what her EB category is, as well as her country of birth, as well as the priority date that will be indicated on the approved I-140. only when the I-485 is filed is the time that she can concurrently file the EAD and AP. until she hasn't filed the I-485, she needs to renew her H1-B which if i remember, is subject to a 6-year cap.

[AnotherLostSoul 167]

Thanks guys for your replies...I tell all that to my friend. I actually did mention to her this site, but I don't know why she doesn't want to come online and ask on her own. Don't ask why, I don't know why. Anyway, thanks for your responses, I will tell her that. I assume maybe the reason she was asking all these is because her case became "current" (whatever that means). So I guess I could tell her that in a few months she'll have it. Thanks again! Good luck to everyone else who is still waiting for their interview/approval for their GC.

[AnotherLostSoul 167]

Hi everybody:

So I am back...I've got to know a bit more info from my friend. She is actually doing H1B to GC via NIW (National interest waiver). She has at least 10 recommendations, one paper where she is a first author, and another 10 where she is not the first one. She also has one US patent (she is in science). So, besides the forms and these, and a nice CV that includes all her education and work story before she got employed here in the US 7 years ago (5 years on J1 and then now on H1B) is there anything else she could add? Is this enough for getting her approved? And now, I ask again as I have more information, how long it takes for her to get her green card?

Thanks!