[shreyansj]

Your probability for Scenario 2 is very low to almost nil. Why is that. You are aiming for R-1 university but you are not confident of getting into MSR etc? And you can still switch jobs while your Green Card application is pending. I think it's called AC21 though I am not exactly sure on the exact terminology.

On a side note, H1-B is cap exempt for ALL educational institutes and non-profit organizations.

[neilk]

You cannot switch jobs and keep the same Green Card application. It's true you can transfer an H-1B between employers but any associated Green Card application is lost if you leave them.

[refurb]

This is only true during the labor certification or PERM part of the green card application. There are typically three phases to an employment-based green card app:

1. Labor certification/PERM (proof there is a need by the company) 2. I-140 application (proof you fill that need) 3. I-485 (formal application to receive PR)

It's been a few years since I went through the process, but basically, as soon as you've completed step 1, you can apply for steps 2 and 3. Once you've applied for 2 and 3, you receive an EAD card (work authorization).

It's always a little dicey to switch jobs with just the EAD because employment-based greens card require that you _intended_ to work for the employer who sponsored you. If you leave right after getting the EAD, your application may be denied because they don't believe you ever intended to work for your sponsor.

This is actually a pretty sweet position to be in because the company that hires you only has to keep applying for an EAD card for you. Pretty simple and not a lot of money.

Typically, if you wait 6 months or so after sending in the I-140/I-485, you can switch companies (through AC21). However, you need to find another job that is substantially similar to the one that was the basis of your green card application, you can't just take any job you want.

[neilk]

I've never heard of this before, from either my lawyer or any of the lawyers for any of the firms I've worked for. And I have asked this question specifically, because in my case, it may take much longer than normal to get a Green Card. But I'll investigate.

[refurb]

I did a quick google search and it appears that in order to switch jobs you need to have your I-140 approved, so I did misspeak on that point.

However, since the labor certification part (PERM) is a much quicker process and you can file for your I-140 and I-485 concurrently, it's not unreasonable to assume that from the date you first start the process, you'll likely to be able to switch jobs after 2 years or so.

This is actually really important for those poor souls from India and China who have priority dates that still in the 90s and won't likely get the physical green card for at least 5 years if not longer.

One thing to keep in mind is that lawyers often disagree as to how to interpret the USCIS regulations. I've had lawyers say "Jesus! Don't even leave the country!" and others say "Yeah, it's fine to switch jobs, no problem." It just depends on how risk adverse they are.

[arjunnarayan]

1. The probability is low because the chance that I take it up is lower (these are two-sided decision processes).

2. The H1-B cap is not the issue. It is the green card line. Since I am from India (note: this would also apply to China) the wait is extremely long.

[rantony]

You don't have to wait for 5 years to become an EB-2. You can apply for the green card in EB-2 the next day you join MSR/Google or any company. You can switch your job as long as you have a valid I-140 cleared by the employer. Although you would be applying a brand new GC at the new employer you will keep your priority date you filed with the first employer. Clearning labour certification and I-140 takes only less than a year.

AC21 is when you have an EAD and want to switch before 180 days of filing I-485.

And EB-1 is still an option, if you have a PhD. The chances with EB-1 is pretty high for you.