How much time period you should have be on your H1 to start your GC process?

A: You don’t have to have any time, you can go ahead and file even before you get into H1B. It’s a very very good question, there is no requirement to be on H1 actually to even file for the GC, so there is no minimum time you have to wait. However many companies will want you to wait because they want to make sure that you are a serious candidate. But you can actually be working for Company A and not even be working with company B and file for your GC. You might even be on a student visa (subject to limitations of non-dual intent visas) you can start your process so there’s no requirement for time to wait, you can file it right away, you can start it right away.

Caller: Ok, another question if im working for company A, but company A is still not filing my GC, and in the meanwhile if I can get company B but whom im still not employed but they are ready to file GC so how does this process basically works?
A: Another very good question again. One of them is for future employment, so short answer is yes you can file it, I have done it in many cases, the only issue is that When company B takes your GC and start processing it they may have issues of ability to pay. The problem is ability to pay – in case that if your already working for the company, one of the ways to show ability to pay is by saying “hey were already paying that salary or that prevailing wage” but then if your not working for that company they will need to show profit or net income and asset or some kinds of combinations to be able to show the prevailing wage. If it is a small company these issues are always present. As long as the company is doing well then, there is no problem – you should be able to file and you don’t have to be working for the company. However, when you get the GC you need to move there but we always advice people to move when they get on there EAD (go to the sponsoring company). You will have to work for the company or do an AC21 to another company. So it is totally doable, we have done it in many cases you can call us at the office at 510 742 5887 and we can look into whether the company is worth to.

Download our FREE Apps for Updates on your mobile.

ITunes and Adroid