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TungTran

Canadian born outside Canada want to apply for EB2/EB3 green card

By TungTran in Work Visas

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CEE53147 Rising Star

CEE53147   559

Posted
Filed: Other Timeline
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A green card for an H-1B visa holder is not a given.  There is no requirement for an H-1B employer to seek a USC or LPR for the position. This is a requirement for a green card.  There are many unemployed software developers in California. Many companies want to hire only H-1Bs because they are cheaper.  Many will not apply for the people they want to keep until late in the 6 year allowable H-1B term because it ties the worker to the company on the cheap. This is not hopeful to hear but true.

 

IMO, your reason for moving - for the weather (are you kidding me!!!),  does not justify you putting your career in Canada on hold for a long shot in the US. You would have had more luck had you gone from your degree direct to H-1B; you were more marketable at that time than with your additional (read more $$$) experience.  Canadian salaries are comparable to the US so that your expectations are higher than South Asians who claim most of the H-1Bs. 

 

Unless you have very unique credentials, you need to rethink your plan until you have approval and a priority date for a green card with a future employer. You may come to the US with the hope (or even a promise to file by an employer which means nothing) of a green card petition on your behalf, have more experience and in 6 years be heading back North  with little to show for your desire for warmer weather.

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randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
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I would suggest you screen only for employers that would consider filing EB2/3 for you. Once your I-140 is approved you can apply for H1B and will be cap-exempt (no lottery, etc). The H1B will be likely for 3 + 3 years plus extensions based on the approved I-140. In short, an approved I-140 also makes H1B much easier to get and makes you eligible for green card.  

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted
52 minutes ago, randomstairs said:

I would suggest you screen only for employers that would consider filing EB2/3 for you. Once your I-140 is approved you can apply for H1B and will be cap-exempt (no lottery, etc). The H1B will be likely for 3 + 3 years plus extensions based on the approved I-140. In short, an approved I-140 also makes H1B much easier to get and makes you eligible for green card.  

An approved i-140 does not provide any special treatment for the initial H1B peitions. Cap-exempt and lottery will apply.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted
1 hour ago, arken said:

An approved i-140 does not provide any special treatment for the initial H1B peitions. Cap-exempt and lottery will apply.

My bad. I stand corrected. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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