Legal Question in Immigration Law in Ohio

Here some background information.

I came in USA as a student visa at the age of 21. After a year my parents came here as green card file which my grandfather put. (I was over 21 so they didn't consider). So after my parents came they out file for me based on green card. That time I was unmarried. My current status is H1B. Now I am married and have daughter.

Questions.

1) My father going to be citizen in couple of months can I transfer file which he put based on green card one?

2) if he put file for me based on citizen how long does it take?

3) My employer is ready to put file is both file take same time? if not which file do you think come first?

4) Am I able to transfer my H1 status to green card after my parents get citizen? I don't think so I can but want to confirm so.

Nick


Asked on 7/08/15, 6:37 pm

1 Answer from Attorneys
Philip Eichorn Hammond Law Group

Nick

Your father's visa petition for you will be a preference category filing. That means it may be several years before you can use it. The length of time before it comes current depends on your country of origon, when the petition is filed and how many similar petitions are ahead of you. To use it you will need to maintain status and not have any lapses.

You should pursue all H-1b extensions to ensure you maintain status and if your employer will file for a PERM for you then I'd encourage you to pursue that as well. It's important to put as many irons in the fire as possible. If you need to change employers then the new employer will need to file for a transfer H-1B petition for you before you can begin working for them.

If you or your family or your employer needs anything else, please contact us.

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Answered on 7/09/15, 5:25 am


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