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Results 1 to 7 of 7

Thread: H1-B Visa

  1. #1
    I am currently employed by a U.S. employer in the field of accounting/finance. I was able to work here because I have an Employment Authorization Card that I have been renewing for the past 3 years. I attained that EAD card because I had a pending Permenant Residence Petition. I had applied for the Green Card through my father. However, he passed away last year and so I am no longer eligible to receive a green card that way. However, now that I am working for a company, they could apply for a H1-B visa for me. But I was wondering if i can even apply for the H1-B visa if I already have a pending green card case. what would I have to do to fix this situation? do i have to change my status? If so, then how? and how long would it take? I would greatly appreciate it if someone helps me with my situation. thank you!

  2. #2
    I am currently employed by a U.S. employer in the field of accounting/finance. I was able to work here because I have an Employment Authorization Card that I have been renewing for the past 3 years. I attained that EAD card because I had a pending Permenant Residence Petition. I had applied for the Green Card through my father. However, he passed away last year and so I am no longer eligible to receive a green card that way. However, now that I am working for a company, they could apply for a H1-B visa for me. But I was wondering if i can even apply for the H1-B visa if I already have a pending green card case. what would I have to do to fix this situation? do i have to change my status? If so, then how? and how long would it take? I would greatly appreciate it if someone helps me with my situation. thank you!

  3. #3
    Do you have a pending PR case or a PR case that you are abandoning?

    Either way the good news is that your company can indeed apply for an H-1 on your behalf BUT keep in mind they will have to deal with the annual cap. This means they should get the petition in as close to April 1st as possible in order for you to get an October 1st start date.

    October 1st is the beginning of the fiscal year and the earliest start date you can request for the H-1B. April 1st is 6 months prior to October 1st and the earliest the company can get a Labor Condition Application which is required for all H-1B petitions.

  4. #4
    Your situation may be much more troublesome than appears on the surface.

    As your application for Permanent Residency is no longer valid due to death of petitioner, your EAD is invalid as well. Even if H-1B petition is approved, you'll have to leave the US to obtain visa (due to your being out of status). But if you've been out of status for more than 6 months, you'll be banned from entry if you leave the country to obtain visa.

    You need to consult immigration attorney ASAP.

  5. #5
    wait a second. If she has an EAD then that means she has filed the I-485 and thus the I-130 has already been approved. I think the death of the petitioner is not significant to the case at this point.

    I remember a case (similar but a little different) where an individual came to the U.S as a fiance' got married, filed the I-130 but then the spouse died. The I-130 was still considered valid....

    RuPrincess: This is one of the RARE occassions I will tell someone to go to an attorney. Find a competent immigration attorney who can find the precedent case about a spouse who died (I can't remember the case off hand). You may be able to use it for an appeal in case your I-1485 is indeed denied.

  6. #6
    I would suggest applying for a change of status to B1 as soon as possible - this will give you up to 6 months to work out what you are doing. While the petition is pending you can get another job safely and abandon that application.

    If you need to look for sponsoring companies (h1b) then look no further than

    www.nycsalary.com.

  7. #7
    A person who has applied for PR is not eligible for a non immigrant visa. Filing for a B-1 at this point is not only going to result in a denial but may also result in a charge of fraud.

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