In some cases it might make sense to do H-1b -> EB2 to get things done faster. You don't even need a visa to get your employment based green card actually, so you can start both processes at the same time. Of course each case is unique, I hope your lawyer made the right choice given the circumstances.
Sorry, but H1b is so broken and horrible that many people won't even consider it. It puts you in a very bad and stressful situation to practically put your destiny in the hands of one employer/person for a couple of years.
If H1B is the only realistic option for you, then just forget about USA and go to any European country with sane immigration system.
Are you sure about that? I got my H1B in 2012, it was almost completely painless. I was straight out of university, we applied in October '11, and I received my visa in January. It's fairly straightforward to move to a new employer on a H1B, it just has to be the same level of job. You can start working for your new employer on the date you file, and it takes 4-8 weeks to complete.
I'm now close to an EB2 GC which, when complete, will have taken a total of about 18 months from me saying to my employer "I'd like a green card", to me and my wife having one. I'm an engineer at a <20 employee start up, 24 years old.
There are aspects of the immigration system that I have found pretty backwards; mostly that a H1B spouse (H4) cannot work. But in general, it's treated me pretty well.
I've read plenty of H1B border horror stories online. But having flown from Europe to the US over 20 times in the past 3 years, I haven't had more than a polite 90 second conversation with a CBP officer on the way in.
This is all speaking from someone who came from the UK. I know there are separate queueing systems for some visas for residents of certain countries, so I can't speak for that.
Yes, the exact thing you described here as an easy ride is what I would call brokeness. You say you'll get your GC in 18 months, I wish you good luck on that, but that's completely arbitrary time frame. You can't know in advance how long does it take to get permanent residence. Almost everywhere in Europe you have a clearly defined timeframe. Then, your wife can't work there, not sure even if you have tax deductions on her. To me, that's unacceptable. My wife has more education than me, and she should be able to work in the same way as me. In Europe, Blue Card holders wives have no work restriction at all. Then, although in theory you can change a job when you want, can you do it when you must? If your employer fire you, can you have another job in 15 days before you are doported from the US, together with wife and children? Though some employers treat you ok, many know that situation and are ready to take advantage of that, just because the system allows them. That's not a risk I would personally want to make, but I can see how someone else would.
I completely agree about the spousal issue, I mentioned it above. I do think it's ridiculous.
But the rest; I'm not sure if you've been through the system yourself, or you have Googled a lot of it. If you search for information relating to GC application lengths, it varies wildly, and the details are sketchy.
Fact is, you can readily find the current "priority dates" from UCSIS. It's updated every month and broken down by your preference category, country, and visa type. You can make a pretty accurate assumption from seeing how the quickly the dates move along, combined with the advice of your immigration lawyer, as to how long it will be until your application
You can track the DOL applications in (almost) real time. Right now I can see exactly which cases the DOL processed yesterday; the company, the state, the job position, and when the case was opened. There are several aggregation sites, this[1] being my personal favorite. Again, you can make a reasonable estimate of time from this.
The "you will be deported if you lose your job" argument, is one you find all over the internet. I've read people reporting that it is even "you must leave within 24 hours". It simply isn't true. You must apply for a change of status as quickly as possible (this isn't too difficult), to switch to a different visa (B1 or B2, and the appropriate visa for your spouse). These will allow you to stay in the country for several months.
Then, you have until your I-94 date (on a H-1B this is normally the date your visa expires) to find another employer who will sponsor you for a H-1B transfer. This transfer is exactly the same as a transfer from a current employer; you can begin work immediately, and the cap does not apply.
It's these sorts of tales that make me thankful that I have a very good, honest immigration professional. If I lost my job, then just Googled what I should do next, I would have a heart attack.
the applications for cap limited H1B are in april, and you'll have it in october if you are one of the 60,000 lucky ones. If you get it in any other time of the year, is because you work for an university or no-profit. Here, H1b is broken refers to the cap-limit one. H1 from the university/no-profit is a joke, since the visas are not counted towards the cap, and I feel they damage the game for everyone else.
