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Is there any way to work in the US on B1/B2 visa???

Porter, TX |

Can I apply I-765 form?

my wife is a US permanent resident, and I have two US children.... but they said it will take more than 3 years until i get a green card if I apply the green card application ... what is the best deal here?

Attorney Answers 3

Posted

You can't work on the B1B2.

How long has your wife been a green card holder?

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13 comments

Mark Robert Barr

Mark Robert Barr

Posted

And how old are your kids?

Asker

Posted

my wife has a green card since 2008 and she applied for naturalization but she were denied because she overstayed out of US more than 1 year ... about my kids they are 3 years and 1 year old.

Mark Robert Barr

Mark Robert Barr

Posted

OK, so she disrupted the continuity of her residence. That sucks. When did she come back after that long departure?

Asker

Posted

they told her that she can apply in August 2014 ... and till that time I will be trying to work legally there for living...

Mark Robert Barr

Mark Robert Barr

Posted

Have you ever been the victim of a crime in the U.S.?

Asker

Posted

Never... and I have not overstayed during my visit

Mark Robert Barr

Mark Robert Barr

Posted

You are probably going to have to wait, but it shouldn't be three years. Let's lay out a possible timeline: In August, 2014, your wife will file for naturalization. At the same time, she could file the I-130, asking to have you classified as the spouse of an LPR. The naturalization, and the I-130, should take about 5 months to process. So let's say both are approved in January, 2015. At that point, the I-130 will be reclassified as an Immediate Relative petition, and you'll file your application for a green card. Now, the green card itself will take about 5-6 months to process. But, while you are waiting you can apply for a work permit. That should take about 2 months to process, sometimes 3. So, if you file as soon as your wife becomes a citizen, which we think could be in January, 2015, then you should have your work permit in about March or April, 2015. In other words, in about 2 years, rather than 3. Still a long wait, I know. Are you still in valid nonimmigrant status? Do you have the education/experience to change to an employment-based nonimmigant category?

Asker

Posted

Yea my B1/B2 visa is valid until 2016... and I have a bachelor decree and 5-year experience..

Mark Robert Barr

Mark Robert Barr

Posted

Right, but what date is on your I-94? When do you have to leave?

Asker

Posted

I already left and I am planning to go back again soon

Mark Robert Barr

Mark Robert Barr

Posted

Has your wife already filed the I-130 for you?

Asker

Posted

No not yet, should she? If yes, is it gonna effect my visa?

Mark Robert Barr

Mark Robert Barr

Posted

Yes, when you apply for admission on that visa, immigration officials will have reason to believe that you're actually planning on coming as an immigrant--as evidenced by the I-130--rather than as a nonimmigrant. With your wife nearly able to naturalize, it probably doesn't make sense to have her file the I-130 now. It would be a dlifferent calculation if she still had 5 years to go. In that case, you would be able to come quicker as the spouse of an LPR, and you'd want to start that process.

Posted

A full consultation with an excellent immigration attorney is needed. Several more pieces of information will be required to answer all your questions. Search Avvo; seek someone with a lot of experience.

If you are asking whether you can apply for the EAD (employment authorization document) through the I-765 without an underlying application to adjust or some other valid process the answer is no. There is a common misconception that work authorization is independent of another valid process or status. You have to apply for some valid status first and then you can apply for EAD-the process is different depending on which type of application you file. What application process that may be will have to be determine in a consultation with an attorney.

Good luck

No attorney-client relationship is created or implied by this communication. To contact this attorney see his profile; attorney number: 281-733-2875.

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Posted

No.

Options depend on facts. You really need to meet one on one with an experienced immigration attorney, whether myself or one of my colleagues, so that he/she can review all your documents and facts in order to determine what your options are.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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