Legal Question in Immigration Law in Georgia

Green card holder parents sponsering adult children

My Mum is a green card holder and is going to sponser me. I have been on an H1B visa for the last 3.5 years. After the permanent visa application is approved till I get my visa, I understand that there is almost a 6 year wait. What are the legal implications during this time. Can I work without an H1B visa? Can I enter and leave the country as I wish?


Asked on 9/20/07, 3:25 pm

1 Answer from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: Green card holder parents sponsering adult children

No, until you adjust your status to that of a permanent resident, you have no separate immigration status and may not work or reside in the U.S. legally. So until your visa number is current and you can apply for your green card based on your mom's petition, you have to have a separate visa to stay in the U.S. Assuming you continue to be employed in H-1b status you have another 2.5 years and may even be able to extend it beyond the six-year limit if your employer files for your permanent residence based on an employment offer. However, be sure to contact a qualified immigration attorney to verify this would work in your individual circumstances.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 9/20/07, 4:57 pm


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