I had changed the status to R1 while being in the US under B2. Are the 2 years counted down from the date of entering the US, or applying for changing the status (6 months later) or approval of I-129 ( 1 year after applying)
Note: the R validity is counted 3 years from the date of arrival to the US not from the date of applying to change the status.
What are the conditions to apply for the green from R?
While R is available for two 30 month increments. A PERM / I-140 may be petitioned within the first year of employment. I-360 requires 2 years of religious worker employment in or out of the US.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
To be eligible for a green card in the religious workers category, you must:
1. Have been a member of a bona fide non-profit religious denomination for at least two years prior to the filing of form I-360;
2. Have been working continuously for the past two years immediately prior to filing the immigrant petition: As a religious minister in a religious vocation either professional or non-professional capacity, or in a religious occupation either professional or nonprofessional capacity; and
3. Seek to enter the United States solely to carry out such religious occupation of the employer’s denomination.
Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law. He is a Certified Specialist in Immigration Law who has testified before the U.S. Senate Immigration Subcommittee as an expert witness. He was featured in the February 2018 issue of SuperLawyers magazine. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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