Green Card while on part time H1b

[AdamCol072]

Hello,

I have a question reg GC. My H1 Started in Oct 2008, I was on full time status(H1B) from Oct 08 till April 09 and my company has converted my full time H1 to part time H1 because of lack of work at that time. From May 08 till now I am on part time H1. My part time H1 will end on April 2010. I may continue on full time after April 2010 till my visa expires, which is in Oct 2011.

My employer is willing to do GC, Can I ask him to start my GC immediately. I am not really sure whether he can apply for GC while I am on part time H1 or should I wait till May 2010, so that I can be on a full time h1 to start my GC processing..?

Also, how long does it take to get my EAD, I know it depends on the number of applications. How ever, kindly give me an estimation.
Please advice!

Regards,
Adam

[shervin143]

Answers below.

Hello,

I have a question reg GC. My H1 Started in Oct 2008, I was on full time status(H1B) from Oct 08 till April 09 and my company has converted my full time H1 to part time H1 because of lack of work at that time. From May 08 till now I am on part time H1. My part time H1 will end on April 2010. I may continue on full time after April 2010 till my visa expires, which is in Oct 2011.

My employer is willing to do GC, Can I ask him to start my GC immediately. I am not really sure whether he can apply for GC while I am on part time H1 or should I wait till May 2010, so that I can be on a full time h1 to start my GC processing..?

>>> GC is for future employment. When an employer applies for an employment-based GC on behalf of a foreign national, the expectation is that the employer has a full-time, permanent job for the foreign national. However, the start of this employment is expected to happen in the future (after adjustment of status is approved). So working part-time in an H1B should not affect your ability to start the GC process now.


Also, how long does it take to get my EAD, I know it depends on the number of applications. How ever, kindly give me an estimation.

>>> No one can predict. It also depends on whether your employer is applying your GC in EB2 or EB3 category. PERM takes almost 11 months these days. Then you need to wait for the priority date to apply for 485. It might take more than 4 year to get the EAD.

Please advice!

Regards,
Adam