H1B + Green Card process time

New / Mgmt .,.
Aug 10 33 Comments

I'm Canadian citizen and coming to US with TN visa. Company is applying for H1B.

How long roughly takes from the time you apply to H1B lottery to getting green card.

Note: assuming that one gets lucky and gets selected for the h1b lottery.

comments

Want to comment? LOG IN or SIGN UP
TOP 33 Comments
  • Apple FPPM52
    Hey. I’m a Canadian, worked on TN, switched to H1B and I’m in last stage of the GC. So I feel I can answer that one pretty well.

    H1B lottery is every year and your company can apply between April 1st and April 7th. You have about 1 chance out of 4 to get picked. (Your chances are better if you have a master.)

    Once you have the H1B status, your employer can start the GC process. Unless you qualify as an exceptionally talented individual, your company will have to file for a PERM certification with the department of labor. It roughly takes about 10-12 months. (Mine took 10)

    Then your sponsor will make you a job offer, called the I140. In premium processing, it roughly take 15 days to be approved by the USCIS. In regular processing, 6 months.

    Then once the I140 is approved, you will, very likely because you are Canadian, be able to request an Adjustment of Status right away. Currently, the processing time is estimated to be 10 months. (I’m personally 2 months in.)

    So if you count correct, 21-28 months is a good estimate of the current GC process from beginning to end.
    Aug 10 24
    • Broadcom Ltd. / Eng
      headbanger

      Broadcom Ltd. Eng

      PRE
      Intel, Broadcom Ltd.
      headbangermore
      Aug 11
    • Apple FPPM52
      The first link goes in the direction I was taking about. If the CBP officer gets convinced that the application for a green card will be done abroad through consular processing, then to admit them.

      The second one is taking about your spouse getting an I-140 approved. Which is covered as derivative benefits in immigration law.

      And the third one repeats exactly what I said. If you convince a CBP officer that you intend to leave the US before finishing the process, you can be admitted with the PERM certification approved.
      Aug 11
    • Broadcom Ltd. / Eng
      headbanger

      Broadcom Ltd. Eng

      PRE
      Intel, Broadcom Ltd.
      headbangermore
      Ok then, let’s copy and paste! Some selective reading you have eh 😂

      “Signing the Form ETA 9089 for permanent labor certification in and of itself should not warrant the denial of a TN application on the grounds of immigrant intent.

      The regulations do provide that a TN applicant cannot intend to establish permanent residence in the U.S. and must satisfy the inspecting officer that the proposed stay is temporary and has a finite end. See 8 C.F.R. § 214.6 (b). However, the regulations do not prohibit an applicant for a TN from possessing intent to immigrate in the future: “An intent to immigrate in the future which is in no way connected to the proposed immediate trip need not in itself result in a finding that the immediate trip is not temporary. An extended stay, even in terms of years, may be temporary, as long as there is no immediate intent to immigrate.” 9 FAM § 41.59 N5.”
      Aug 11
    • Broadcom Ltd. / Eng
      headbanger

      Broadcom Ltd. Eng

      PRE
      Intel, Broadcom Ltd.
      headbangermore
      Regardless how you argue against TN2GC and how you interpret these memos to support your argument, the reality of the matter is there are lots of Canadians like me who went thru the process and travelled across the border multiple times with an approved PERM/I-140 and never got harassed by CBP.
      Here’s another great experience by a Canuck like me:
      https://forums.immigration.com/threads/i-am-no-longer-curious-i-am-appppprrrroooooveeedd.141272/#post-1041766
      Aug 11
    • Broadcom Ltd. / Eng
      headbanger

      Broadcom Ltd. Eng

      PRE
      Intel, Broadcom Ltd.
      headbangermore
      OP, if you’re concerned about traveling to Canada during I-140 application, just pay out of pocket for premium processing so you can get the I140 approved in 3 weeks and immediately follow it up with I485 and then just sit tight till you get your AP.
      But form my own personal experience, I did not have any problems on TN during the PERM and I-140 stages which altogether took almost 2 years.
      Forget Apple’s biased interpretation of the memos. The memo clearly says an approved I140 is NOT, in and of itself, an immigrant intent.
      Aug 11
  • Dell LUHV04
    Baba - not a good question.

    At least google it.

    It takes 20 + years if you are from India
    Aug 10 3
    • New / Mgmt .,.
      OP
      Coming via TN visa.
      Aug 10
    • Cisco / IT gnit
      Country of birth? If India or. China, then long wait
      Aug 10
    • Microsoft oMAG58
      @OP, doesn't matter if you're TN. GC process is based on country of birth. If you are born in China, your wait is going to be long. If you are born in India, then it's really not happening.
      Aug 12
  • New duudjj
    My friends from Canada uses TN all the time. They said GC will have more taxes?
    Aug 10 1
    • Uber ueue
      Only if you work in a low tax country
      Aug 10
  • HP lhgd
    I’m not an expert, but the H1B lottery is in April every year, so it depends on the time of year and if you get it on the first try. It depends based on nationality how long the green card will take. Some 1-2 years, other close to 9.
    Aug 10 0
  • Workday / Product tdf
    🍿
    Aug 10 0