Is Starting A Green Card Process In Sixth Year of H1B Feasible?

Location: San Francisco, CA

My employer has delayed filing my green card. I'm in the fifth year on H1B and fifth year will end on Oct 1st 2017. I've read from company lawyer and google, that LC application should be FILED before fifth year ends. I'm concerned that LC will NOT be filed by that time. I'm not sure if its intentional on employer's part or not.

If LC is not applied for by the end of fifth year, is it realistic to:

  • Change jobs?
  • Start GC process immediately with new employer?
  • Can new employer file both LC and get I140 approved in sixth year?

How feasible is it to get both LC and I140 approved in sixth year?

We generally encourage employers to begin a green card process through PERM LC in H1B year 4 if not sooner. Presently, the PERM LC process is taking about 8-10 months. It is feasible for, and employers have, an employee to be sponsored a GC process and H the 6th year. So, when you and your employer are ready to begin. Be sure to check current processing times so a strategy can be in place that accommodates current processing times.

The most common form of green card sponsorship through employment is PERM labor certification. The first employment visas to the US are usually nonimmigrant visas. Because they take less time to obtain. We have assisted thousands of people and we file hundreds of nonimmigrant and immigrant petitions every year. Contact Litwin & Smith for more information about the PERM process and Litwin & Smith.

We are very successful in preparing labor certifications and subsequent immigrant visas and green cards for employees that need special attention. We prepare many of such petitions each year among the hundreds of those we prepare. Currently, the Department of Labor is randomly auditing about 40% of the PERM labor certification filings. Although, we cannot guarantee your filing will not be audited. Our PERM filings are seldom audited by the DOL. Maybe that is because we prepare our filings with the audit in mind as we perform all the steps along the way. Unlike, most firms who only prepare an audit file after they receive an audit notice. We can’t be sure, but maybe it’s our reputation for paying attention to all the details that results in our lack of audits.

Please email [email protected] or call 650 588 7100 to find out more. We look forward to assisting you.