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Green Card. Multiple possibilities, which way to go?

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  • Green Card. Multiple possibilities, which way to go?

    I am on H-1b from this October for the next 3 years. I have an employer who is willing to sponsor my green card immediately. But I want some advice on which way to go. I have a Computer science bachelors degree and a US Masters degree.

    1. My attorney says for my country (not India or China) it takes only 1.5 to 2 years to get the visa. Should I apply now or wait till the 4th or 5th year of H-1b

    Or

    2. My wife can join me as an h-1b dependant, she is a doctor too. Can she go for 2 year contract to serve in underprivileged areas and get the green card (is this system still valid)?

    or

    3. My brother is a US citizen, can I have him sponsor? (I know takes a lot of time)

    What is your best advice?

  • #2
    1. The amount of time your green card process will take depends on whether your case is filed as EB-2 or EB-3. If your case is EB-3, under the most recent visa bulletin, it will take 7 years. (The builletin is published every month and wait times change all of the time.) Even though you have a US Master's, your case may be an Eb-3 case. It depends on what the job requires, not your credentials. EB-2 filings for many IT jobs can be tricky and scrutinized so your case should be prepared carefully. You should pursue the green card process now. The sooner you start, the sooer you will have the ability to move on to another employer with added protections should you ever wish to leave your current job. There is no reason to wait since the H-1B visa allows for duel intent.

    2, I am not clear on what you are asking here.

    3. Your brother should file a petition for you. While it will take years under today's visa bulletin, this can change in the future. New laws may be enacted or new measures may be implemented to eliminate/reduce the backlog for family-based petitions.

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