Dunroving

I am currently here on an H1B, teaching at a state university. I am
getting ready to apply for a Green Card under the "Distinguished
Professor" category.



I recently was told that first stage ("approval") takes 6-12 months, but
that the second stage ("adjustment of status") will take 2 years!



Has anyone used this category to get a Green Card? If so, any feedback
on this timeline estimate?



Sorry if this is a simple question - point me in the right direction if
you know where I might get specific information. I've tried surfing the
INS Web site and it seems to take forever to find what you're looking
for, and I still haven't found anything on this question.



My current H1B expires May 2006, which is why I'm a bit concerned!

Joachim Feise

dunroving wrote:

    > that the second stage ("adjustment of status") will take 2 years!

Yup. You may be able to speed it up considerably by not using AOS,
but instead go for Consular Processing. In CP, you will get an
immigrant visa from a US consulate in your home country.
For a nice overview of both options, see
http://imminfo.com/Knowledgebase/Immigrants/AOS.html
http://imminfo.com/Knowledgebase/Immigrants/CP.html

    > Has anyone used this category to get a Green Card? If so, any feedback
    > on this timeline estimate?

The AOS timeframe is independent of the actual category. Everybody has
this long wait.

    > Sorry if this is a simple question - point me in the right direction if
    > you know where I might get specific information.

Immigration lawyer sites...

    > My current H1B expires May 2006, which is why I'm a bit concerned!

Once an I-485 is pending, you'd be legal even if the H1 runs out. You
would need to get an Employment Authorization Document (EAD) to continue
to work, and you also would need to get Advance Parole to travel abroad
(I know a professor who had to cancel his trip to a conference in Australia
because he didn't get his AP in time...)

-Joe

Dunroving

Originally posted by Joachim Feise

    > dunroving wrote:


    > > that the second stage ("adjustment of status") will take 2
    > years!


    > Yup. You may be able to speed it up considerably by not using AOS,

    > but instead go for Consular Processing. In CP, you will get an

    > immigrant visa from a US consulate in your home country.

    > For a nice overview of both options, see

    > http://imminfo.com/Knowledgebase/Immigrants/AOS.html"]http://im-
    > minfo.com/Knowledgebase/Immigrants/AOS.html[/url]

    > http://imminfo.com/Knowledgebase/Immigrants/CP.html"]http://imm-
    > info.com/Knowledgebase/Immigrants/CP.html[/url]


    > > Has anyone used this category to get a Green Card? If so, any
    > feedback

    > > on this timeline estimate?


    > The AOS timeframe is independent of the actual category. Everybody has

    > this long wait.


    > > Sorry if this is a simple question - point me in the right
    > direction if

    > > you know where I might get specific information.


    > Immigration lawyer sites...


    > > My current H1B expires May 2006, which is why I'm a bit
    > concerned!


    > Once an I-485 is pending, you'd be legal even if the H1 runs out. You

    > would need to get an Employment Authorization Document (EAD) to
    > continue

    > to work, and you also would need to get Advance Parole to
    > travel abroad

    > (I know a professor who had to cancel his trip to a conference in
    > Australia

    > because he didn't get his AP in time...)


    > -Joe



Joe:



Thanks for the helpful reply. I was told by someone going through the
Green Card process that if your visa expires while awaiting
adjustment of status for a Green Card, you were ineligible to work in
the US. Your response gives me something to look into. The way things
seem to be going with INS processing, I don't see these timelines
getting any shorter.