On H1B and filing Green card with a small consulting company

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I am on H1B. I work with a small consulting company. Right now I am on a project. Company might be only 1 or 2 years old. I am wondering should I file my green card with this compnay or not ? Out of all the green card process stages, LC, I140 and I485 at what stage it will be sure that I will get green card. I think if i got LC and I 140, its preety much sure that company is okay as per immigration and i will get green card, am I right or wrong ?

Attorney Answer

1
tuart Jonas ReichImmigration AttorneyNew York, NY ·
While a new or small company might be asked for more documentation, this doesn't mean a case for a company like this isn't approvable. You need to speak with a lawyer about the particulars of the company, your job, and your background for a full evaluation of your situation. Given the uncertainties of the immigration system, you won't know that you will definitely get your green card until the card comes in the mail. This said, the labor certification stage examines the job offer and the employer's efforts to recruit. The I-140 stage examines the viability of the company and the job in light of the company's financial situation, whether you qualify for the job as offered in the labor cert, etc. The I-485 state primarily examines whether you personally are subject to any ground of inadmissibility - at this stage, it is more about you than the job, as long as you are still being offered the job (exception: you can hold on to the green card case if the I-1430 is approved, the I-485 has been pending for 180 days or more, and you move to another job in the same field). So, if you get to this stage, generally speaking any problem won't be with the company as long as the job offer holds 180 days ion and the I-140 is approved. But, speak with a lawyer about the specifics.
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