Is it even worth it to enter the GC EB2/EB3 line right now?

Hello!

I’m on my H1b right now, finishing my Master’s degree (after finishing my undergrad in the US too) and working full-time.

My employer has been gracious enough to sponsor my green card, however, what he (understandably) needs is a long-term commitment. But, given the loooooong wait-time right now, is it even worth it? I mean it’s 84 years right now, there’s no way anyone can stay at the same job for 84 years…

Do y’all think it’s worth it to get in the line? There’s some real possibility that the EAGLE act may pass, and that new immigration laws may become India-friendly, and when that happens, I don’t want to miss out. But, I don’t know if it’s worth gambling my professional and personal life over it.

If I were you I would get in the line ASAP by getting the I140 approved and be with the current employer for couple of years and move on if there are no written contracts or get better offer. I would stay longer if I keep getting promoted with salary hike.

Each day you delay getting into the line, you are potentially moving back in the line as more and more people keep getting their I140 approved.

Also the other benefit of approved I140 is that you keep getting extension of H1B status beyond the 6 years term and you can keep working and living in the US as long as you have a H1B job.

Ofcourse there is a good chance od EAGLE act being passed and so an approved I140 puts you in a position to be able to file AOS as soon as your date becomes current.

Plus you never know if COVID situation doesn’t improve significantly, we may see spillover from F to EB category in coming years the way we saw for this year and next year which improves change for getting the GC faster provided you have I140 approved.

Unless the law is changed, you will probably never get to see the GC as per my opinion.

Nevertheless, apply for i140 and then also create a back up plan for another country like Canada, UK or Australia.

That way, you will be able to move if required or stay back if they change law in the US.

Don’t make decisions based on Eagle act or similar. These kind of laws have been getting in line for last 12 years every 2 years and none has passed.

So, it has proved more like a carrot from these politicians and no substance. They just introduce these bills for making news and then let it expire.

Rebirth in a non-India country is a possibility too if science makes that kind of progress faster than the US congress.

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:grinning: :grinning:

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Thanks! The only thing that’s stopping me from applying right now is that my employer required a long-term commitment. However, I’m sure I can ask him for a 2-3 year minimum requirement, after which, if things haven’t changed, I can move on and leave the US.

I also had another question- my backup plan is Canada, and after speaking to one of their immigration lawyers, it sounded like I don’t even need a job in Canada to get my PR, and that theoretically, I could move to Canada and keep working for my employer in the US. This made me think - would it be possible to work for my US employer in Canada while maintaining my H1b status? This way, I’m at-least in the line. Or- do I need to be physically present in the country to maintain my H1b?

Once you leave the US physically, the H1B status ends right there legally.

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