Immigration Issues/J-1 waiver to H-1B to green card
Expert: Mark Ashley - 1/22/2008
Question I was granted a J-1 waiver in 2006 (has 3 year requirement of employment with my current job sponsor) and now on H-1B. My commitment ends June 2009. I also got married to a US citizen last fall 2007. When can I start the process of "greencard through marriage"? Since I have my H-1B until July 2009, do I still need the I-765 application for employment with the rest of the I-140, I-485, etc.
You may begin the process now. In fact you could have filed everything as early as you marraige date. If you wish to stay on H you do not need an EAD but if you desire to work for another employer or a non H employer then I would suggest that you file for the EAD with the adjustment of status documents. it usually takes three months to receive.
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Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.
18 years as a practicing attorney.
Organizations Member of AILA
Education/Credentials JD from St. Mary's University, Texas.
Awards and Honors American Jurisprudence Award recipient