H1B to Green Card?

Asked almost 2 years ago - Foxboro, MA

Hello,
I have few questions before I decide to consult with a lawyer:
1. Do I have to be a full timer to apply for Green Card (GC)?
2. What are the criteria that allows me to apply for GC without renewing my H1B?
3. Can I stay in US working while my GC application is in process?
4. How long does it take?
5. How likely can I get the GC approval? Please note that I am MBA graduate (International Trade) and work as accountant with NFP
6. I do not have a VISA, only work permit. Can I travel back home and Canada while GC is in process?
7. My wife came as visitor (she has a B2 visa for 10 years) and we changed her status to H4. What will be the case for her?
8. What are separately the employer and employee fees?
Best Regards,

Attorney answers (3)

  1. J Charles Ferrari

    Contributor Level 20

    4

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . 1. Yes
    2. None, if you do not want to wait out the process abroad.
    3. Only if you maintain your H-1B
    4. Depends on numerous factors, not the least of which are the applicable priority dates.
    5. Depends on numerous factors, including whether the employer complies with all the requirements, and whether the employer has the ability to pay.
    6. Only if you have a valid H-1B visa stamp in your passport in order to return to the US.
    7. She would immigrate as your derivative.
    8. Fees vary from attorney to attorney.

    Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Neil Ian Fleischer

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . 1 yes
    2, leave the us
    3 if you havea non immigrant visa to work for them
    4 depends
    5 no idea how you would qualify or any facts about the job you would do
    7 maybe
    8 she piggy backs on your case
    9 can not quote on avvo see terms of service

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  3. Christopher Daniel Leroi

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Awesome point by point advice by my two colleagues.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more

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