Asked over 1 year ago - Cleveland, OHFlag
I graduated with a Masters and am working for a small business (e-verified)on H1B. The company is closely knit and is willing to allow me to process my green card application. This way they dont have to pay and I get better transparency in operation since it can take years to complete the process.
How should I go about filing for my green card?
What paperwork will I need from the company?
How soon can I get my EAD so that I can participate in a friend's business?
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Doing your own immigration work is kind of like doing surgery on yourself. Sure you can do it, but who would want to do it? Without the help of an attorney, you stand the chance of really messing up the process.
Okay, here goes. First, your company needs to prepare for and file an application for employment certification on your behalf with the DOL. Be careful, it is complicated. Second, if the labor certification is approved, at that time, your employer files an Immigrant Petition for Alien Worker and you file an Application to Adjust Status, an Application for Employment Authorization, an Application for Travel Document, and a biographical date form.
That is the process in a nutshell. Now, you can perform brain surgery on yourself. Or, you can do what I suggest: hire an experienced immigration attorney.
Mr. Reilly's answer is spot on regarding performing surgery on yourself. The reality is that there are many steps in the processing and missing one or mistiming one may cause denial and force you to start over. While everyone wants to save a buck now, the old adage of "an ounce of prevention is worth a pound of cure" is spot on.
You may file yourself or hire an attorney to help you with it. The appropriate form is I-140 and all information related to that form can be found at the USCIS website. Just click on forms and then on I-140 and the instructions are provided for you. It is difficult to say how fast you will be able to get it. You may be able to use Premium Processing which adds to the costs but you are guaranteed to get an answer to your application within 15 days and if an answer is not provided your money may be refunded. You may contact an immigration attorney to help you. I am actually working on one for a client.
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