Can my employer directly apply for a Green Card without applying for H1b first

USA H1B Visa
1

Case Background: I was recently shortlisted for a job, but due to delay in internal approvals, I haven’t received an offer letter yet. However, I have been told that I should expect an offer letter shortly. Since we are about to miss the H1b visa application deadline of April 1 this year, we are looking at other options. EB2 Green card seems as a possible option. I do have a masters degree and experience/ certifications relevant for the job.

Here are my questions:

  1. Can the employer apply for green card without the H1B visa? I am currently on H4, living in the United States.

  2. If the employer agrees to apply for Green card, how soon/ late can I start working for the employer? How many months would I have to wait, if hypothetically the green card processing began in the first week of April?

2

  1. Yes he can file GC without H1B.

  2. GC in EB2 will take 10 years to get approved. Not sure if you can start working with I140 approved, but even that will take more than a year.

3

In addition, if the current H-1 holder gets his/her I-140 approved or enters 7th year of H-1, the H-4 holder can get EAD and can start working.

4

  1. Yes, They can apply for Green Card

  2. Approximately, it takes 5-6 month to get.

5

Yes. Your new employer can start filing green card where he can file labour for future employment.