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Working Visa
| Q1. | The company that is sponsoring my
greencard application just declared bankruptcy and will be completely
dissolved and out of business by October 1, 2004. I currently hold an H-1B1
for the company that is valid until May 2005. What will happen to my
greencard petition? What will happen to my H-1?
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| A1. | Unfortunately, both your greencard
application and H-1B1 will die along with the company. Are you sure that the
company will completely dissolve? In some situations, a re-structuring of
the company may still allow for the company to retain the green card
petition filed on your behalf and may also allow for you to retain your
H-1B1 status. However, if things are exactly as you say, in order to
maintain your current status, you will need to find another H-1B1 sponsor
and file a new H-1B1 petition prior to October 1, 2004. As for your
greencard petition, you’ll need to find a new sponsor and start the process
all over again from the beginning.
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| Q2. | The RIR Labor Certification request
that my company filed on behalf of my greencard petition has been approved.
What is the next step and when can I start working for another employer? I
currently am on the 6th year of H-1B1 authorization, which will expire on
December 21, 2004. I prefer to remain in the United States until I get my
greencard.
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| A2. | Once a Labor Certification has been
approved, the next step for the sponsoring company is to file an I-140
(Petition for Permanent Employment) petition with the CIS. The subsequent
approval of the I-140 petition signifies that you are qualified for the
position and the company is qualified to hire you. The approval of the I-140
though does not in and of itself grant you the greencard. You still must
either apply for consular processing in Japan, or if you prefer to remain in
the United States, you can apply for Adjustment of Status.
Your question indicates that you want to remain in the US until you get your
greencard. Thus you will need to file an Adjustment of Status Application.
As for your question regarding working for another employer, under current
CIS guidelines, once your Adjustment of Status application is filed, the
receipt of your actual greencard will not be affected so long as you remain
with your sponsoring company for at least 6 months after filing your
Adjustment before you start working for another similar employer in a
similar position and the concurrently filed I-140 is ultimately approved.
Obviously, if the I-140 is denied, your Adjustment of Status will no longer
be valid.
Please note that there are situations whereby you can change employers
within the first 6 months of filing an AOS petition, but those situations
come with varying risks and are not recommended here. However, please
contact me if you want to discuss further.
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| Q3. | I currently hold a J-1 visa, which
will expire on October 1, 2004. Is it possible for my company to sponsor me
for a working visa?
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| A3. | Some J-1’s come with a requirement
that you must return home for two (2) years at the end of your J-1
authorization. If this is the case in your situation the only way that the
company can sponsor you to remain in the US after your J-1 expires is by
applying for a waiver of the 2 year residency requirement. If the waiver is
granted, you will be eligible to remain in the country if your employers
working visa application is approved.
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| Q4. | I have just received notice that my
H-1B1 petition has been approved to start on October 1, 2004 by the CIS. I
am currently an F-1 student, and my employer has told me that I can go down
to the US consulate in Mexico and get an H-1B1 visa. Is this true?
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| Q4. | Under certain circumstances, it is
possible to make an appointment and attend an interview at a US consulate in
Mexico. However, you should be very careful. If your application is denied
for any reason, including such minor things as forgetting to bring a copy of
your old I-20, you will not be allowed to re-enter the United States from
Mexico, and will be forced to return to your country from Mexico and will
need to apply for the H-1B1 visa in your country.
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*The above information is general in nature and should not be
considered legal advice. Please consult with an attorney to discuss
the specifics of your case.
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