I am currently on my 12 months OPT expiring this September 2015. My company is willing to sponsor my Green Card (EB2) now which is also filing my H1B this April. I've already used my 17 months OPT extension.

If my company starts processing my GC now, what's chance that I'll get my I-140 by this September just in case I am not selected in H1B pool?

Well, if your prevailing wage has already been determined then considering it takes about a month to advertise, another month to wait for applications and interviews, plus five months of perm processing time, then if you file for i-140 immediately then about two more weeks, so November 1st would be the earliest you can get it. However, if your prevailing wage has not been determined, then add two more months, that is Jan 1st.

You need to remember that simply having an i-140 does not allow you to forego a work permit in the interim; you'd still need some type of work authorization until you get your EAD approved, add three more months it means if you start tomorrow you might be set by next April or so and that is if your lawyer does not bat an eye and doesn't waste days in between steps.

I'd suggest you get CPT from some degree mill university in VA if your H1b is denied and then continue to work until you get greened. Looks achievable to me at least. Good Luck!

Thank you very much hakim_saab. That really helps.

hakim_saab:

A quick question. Thought you are god at this. I am in H1B and my wife is in OPT. My labor certification will be applied on 8th April (prevailing wage, vacancy announcements etc is done). My wife is working in an office who will not file her H1B. Her OPT expires on 15th of June. I know I cannot file my I140 by June. What could be some options so that my wife could continue working in some legal status? Your help in this regard would be highly appreciated. Thanks

http://www.uscis.gov/news/dhs-extends-eligibility-employment-authorization-certain-h-4-dependent-spouses-h-1b-nonimmigrants-seeking-employment-based-lawful-permanent-residence

enquire bro:

I already know this but for this to happen, I should have already applied for my I-140, which is impossible in my case...Anyone here could help me??

@collegefootballrocks Yeah, this would be tough. Unless she gets CPT as well.