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Currently I am STEM OPT, I am not sure if my company will file for H1B in April 2014 but I can file for green card on my own and they will provide all supportive documents.

If I file for green card in EB2 category do I get new H1B automatically once my I140 is approved?

Can someone suggest something here?
asked in L1, L2, H4, B Visas & Misc by (410 points)

1 Answer

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This is a wierd question.

You cannot file green card for EB2 on your own. It has to be employer sponsored. ( EB1 certain categories can sponser themselves without PERM)

If your company is not filing for H1B I am not sure they will sponser your GC.

Greencard takes a lot of time

1. Filing PERM - 3-4 months for approval

2.  I140 - takes 7-8 months - getting 140 does not mean you can work - H1B and I140 are seperate things.

3. I485 stage after its approval you can work - but it takes 5-6 years if you are from India

Hope I have understood your question
answered by (18.8k points)
When I say I file for green card, I mean I will do all work (hire lawyer) but company will provide all documents (so it will be company sponsored).

I was under assumption that once I140 is approved, people can extend their H1B visa it they are close to their expiration. So if someone does not have H1B in first place can he get one.

I thought job advertisement, LC and I140 approval can be done in 5-6 months total.

Please advise
Assuming you did not have H1B visa previously. the only way to get H1B in a "for-profit" job would be  filing cap-subject H1B for Apr 2014 for which you can start working after Oct 2014. I140 can help you extend a H1B not get a new one.

I have seen people with PERM not approved for over a year! I 140 can be premium processes for fee.  - still it should take 7-8 months

You can also file H1 the way you are planning to file GC i.e you are sponsoring..though it is illegal and not recommended



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