I have H1b visa now and working in USA and living in Canada. My lawyer already submitted posting for wage determination for my Green card process and He informed me after 6 weeks labor department replies. we have been waiting.
My H1B expires in 2015 and as far as I know for Indian Born Canadian, to get green card under EB3 from USA takes around 10 to 15 years. My wife was born in Ethiopia and she is now Canadian.
Does her born country affects waiting time of my application for green card?
What happens if my H1B expires while working for same company during the waiting time?
waiting for your help and suggestions.
Location: Western Hemisphere
Posted on: 03-11-12 10:43:33
Priority date for EB3 for COB India is around Sep 2002. Hence, who knows how long it would take to get under India COB. Talk to your lawyer. You can change the chargeability to your wife's COB (country of birth), even when you are the principal applicant. That would drastically reduce the waiting time. Citizenship has no effect for GC.
Your H1B is renewable as long as your Labor Certification application has been pending for at least 12 months. ONce the I-140 is approved, they can renew your H1 for a period of 3 years at a time. I believe, before 140 approval, renewal is on an annual basis. There are of course other caveats and conditions.
Also, are your pursuing PERM for labor certification? If not, talk to your lawyer. I think PERM is the only option available these days....not sure.
All of the above might have changed. Talk to your lawyer. Don't entirely depend on CD for critical matters such as GC. Good luck.
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Dimple2001
Do you know how much reduction time in waiting is if my application is changeability to my wifes`s COB?
Quote:
Originally posted by desi1966
Do you know how much reduction time in waiting is if my application is changeability to my wifes`s COB?
There is no waiting time after I-140 approval for ethiopian born people (PD is always current) - you can apply for AOS immediately once your immigrant petition is approved.
Location: Western Hemisphere
Posted on: 08-11-12 00:35:22
Quote:
Originally posted by cdn_dude
Quote:
Originally posted by desi1966
Do you know how much reduction time in waiting is if my application is changeability to my wifes`s COB?
There is no waiting time after I-140 approval for ethiopian born people (PD is always current) - you can apply for AOS immediately once your immigrant petition is approved.
Nov visa bulletin shows EB3 PD as Nov 22, 2006.
http://www.travel.state.gov/visa/bulletin/bulletin_5779.html
So, as of now, there is waiting. But that might change month to month.
However, compared to India COB (PD is Sep 2002) to Ethiopia COB, the reduction is 4 years as of Nov 2012.
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Dimple2001
Hello again,
I got my labor certification approved under EB3 with June 31 2013 Priority date.My lawyer filed I-140 petition on Feb 28 2014. How long does it take for approval?
In my case, my wife was born in Ethiopia and she is now Canadian. When I filed I-485 after I-140 approval, does chargeability of my wife birth country reduce waiting time for green card under PERM?
Quote:
Originally posted by desi1966
Hello again,
I got my labor certification approved under EB3 with June 31 2013 Priority date.My lawyer filed I-140 petition on Feb 28 2014. How long does it take for approval?
-- Premium Processing takes 2 weeks and the regular processing time depends on the case - I have not heard anything longer than 3 months...
Quote:
In my case, my wife was born in Ethiopia and she is now Canadian. When I filed I-485 after I-140 approval, does chargeability of my wife birth country reduce waiting time for green card under PERM?
-- Based on what I have heard, cross-chargeability should apply in your case. Just make sure that you mention this VERY CLEARLY on I-485 application AND in the cover letter IN BOLD...
Good luck!
