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H1B to Green Card?

Foxboro, MA |

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,

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Attorney answers 3

Best Answer

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 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.


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 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at


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 his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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