In the green card process, will I-797 (work permits) reviewed/ inquired OR H1B is not linked to the whole green card process

Asked almost 3 years ago - Chicago, IL

I realized that in PERM and I-I40, H1B status is not questioned. Is there any step after I-I40 where the an immigration office can request to view all my work permits? Is it a set protocol, or does it depend on the immigration officer to request it, or request it with an interview?

Attorney answers (3)

  1. J Charles Ferrari

    Contributor Level 20

    1

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    Answered . USCIS will require evidence of legal non-immigrant status when the I-485 is filed.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts... more
  2. James A. Bach

    Pro

    Contributor Level 8

    Answered . After the I-140 is approved, and your "priority date" is current, the USCIS will consider your application for adjustment of status (I-485) (or, the Department of State will consider your application for an immigrant visa at a U.S. Embassy or Consulate abroad). During this final process in obtaining your green card, the government will determine whether you are "inadmissible". You may be inadmissible if you have committed a crime, or made a misrepresentation to obtain a visa, entry into the U.S., or another immigration benefit.

    If there were irregularities in a previous H-1B petition, that could form a basis for inadmissibility. For example, if the H-1B job was fake, and you participated in the fraud, you could be inadmissibile (see, my article, "A Lie Can Exclude You From The United States Forever", at http://www.immilaw.com/Newsletters/2007%20Janua...). Normally, though, the H-1B petition is solely the employer's petition, so any irregularities -- such as violation of the employer's obligation to pay the required wage, or failing to obtain a Labor Condition Application for a particular work site -- may be the employer's responsibility only. The answer to this question depends very much on the exact facts involved, so it is best to retain an experienced attorney to determine whether a defect in a previous H-1B petition, or previous employment that is not authorized, makes you inadmissible.

    This is only a preliminary response to an inquiry, based on incomplete information. Helpful advice and counsel... more
  3. C. C. Abbott

    Contributor Level 20

    Answered . It is usual practice for USCIS to have the complete immigration file for an alien be sent when an application is being reviewed. The alien's older files is now available on CD so it is not cumbersome for specifics to be reviewed by a USCIS officer. If you have concerns about something in your past immigration history, you should contact an experienced immigration attorney who can review your immigration history and provide a legal opinion. Good luck.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to... more

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