Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

How to get H1B Visa and later on Green Card

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • How to get H1B Visa and later on Green Card

    I work in the US under my E2 Visa. The company I am working for wants to sponsor me for the H1B Visa. I did several researches on the internet and found that I cannot apply before next year April. I found the form ETA 9035 and I-129. If I get the H1B I like to convert it into a green card. How do I start and when does the job has to be posted on the internet and where? Anybody there who can give me advice how to go through the whole precedure? Every help is appreciated.

  • #2
    DMX will answer this

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Originally posted by txh1b
      DMX will answer this
      You gave me strike when Glenn McGrath is bowling.

      OP,

      H-1B and GC are separate issues. There is no such thing as converting an H-1B to GC.

      H-1B can be filed next year beginning (and ending) April 1st for H1 start date of Oct 1st, the earliest.

      GC, however, can be started anytime you qualify for the job. Go over the Labor Certification process on immihelp and familiarize yourself with the GC process.
      Check out H1 FAQs first!
      http://www.immihelp.com/visas/h1b/h1-visa-faq.html

      Comment


      • #4
        Thanks for answering so fast. Now I am confused. When I asked my immigration lawyer about 1.5 years ago he told me to get the H1B visa first (although I had my E2 Visa already) and then start the process to get the GC. Is it probably safer this way? The E2 Visa that I have now is an investor visa and as a spouse I can work for somebody else. It is not an official working visa. Any advice?

        Comment


        • #5
          I don't know what the lawyer's reasoning is. But the law states (I just read it) that a PERM Labor application should not result in a problem.

          (4) Spouse and children of treaty trader or treaty investor . The spouse and child of a treaty trader or treaty investor accompanying or following to join the principal alien, if otherwise admissible, may receive the same classification as the principal alien. The nationality of a spouse or child of a treaty trader or treaty investor is not material to the classification of the spouse or child under the provisions of section 101(a)(15)(E) of the Act. (Corrected 11/6/97; 62 FR 60122 )


          (5) Nonimmigrant intent . An alien classified under section 101(a)(15)(E) of the Act shall maintain an intention to depart the United States upon the expiration or termination of E-1 or E-2 status. However, an application for initial admission, change of status, or extension of stay in E classification may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.

          I don't know much about E visas and hence I mentioned the tough Australian bowler, Glenn McGrath. So, I could be wrong.
          Check out H1 FAQs first!
          http://www.immihelp.com/visas/h1b/h1-visa-faq.html

          Comment


          • #6
            Thnaks for your prompt answer. I contacted the Consulate in Germany by email and hope do get a final answer. I let everybody know what the result will be.

            Comment


            • #7
              This is why I should get a H1B visa first

              I found this in another forum:

              E2 is not a dual intent visa (just lika B/F/J etc). The law says that you cannot have immigration intent when you are applying and maintaining non-immigrant visa. Meanwhile H/L/O are dual intent visas. Meaning a person can have H1 and intent to immigrate to US. This is how to adjust statuses, to claim that you want to immigrate, and you don't lose our statuses.
              In general - once you apply for I-485, it gives you status, but if your I-485 is denied - you will be out of status. That's why many people decide to maintain H visas in case something happens with I-485.

              Comment

              Working...
              X