1. Can I Transfer My H-1 In This Condition?
I have a valid H-1 visa and already on 6th year on H-1B. I am looking for some employer who can file green card for me. My Visa from current company is in extension process and have received (Request for Further Evidence) RFE on the same. My Employer will respond to that RFE but I have a following questions – 1. Can I transfer my H-1 to other employer who can file GC for me in this condition? 2. If yes can i start working immediately with new employer once transfer is filed? Will it be too much risky. 3. Shall I wait for Approval to complete? 4. Can other employer start my GC if I am not in his payroll till labor approval?
Mr. Lee Answers:
In your situation, you can transfer to another employer and begin working immediately once the transfer is filed. The risk is that a failure of U.S.C.I.S. to approve the transfer means that you will be considered out of status. Whether to wait for your approval to be completed is up to you, and you would have to take into consideration your wishes for safety and permanent residence. Perhaps the employer can expedite your filing under premium processing. A new employer can begin your green card process even if you are not on the payroll. An employment based PERM case does not require the beneficiary to work for the employer until permanent residence is approved.
2. My Husband Is a Citizen Here But Is Unemployed For a Few Months Now. Is It Possible for Him to File Immigrant Papers For Me?
Mr. Lee Answers:
Even if your husband has been unemployed for a few months, he may still be able to file for you, especially if he or you has a friend or relative who is willing to be a joint sponsor and capable of taking on the support obligation. In such case, your husband would fill out an affidavit of support on form I-864, and the friend or relative would fill out another I-864 and check mark the form as a joint sponsor.
3. My girl friend and I want to get married and we both not from USA. My question is can we get married and can we get the green card?
Mr. Lee Answers:
Usually people from other nations have no problem getting married in the United States. However, being married does not confer any particular advantage towards getting the green card. Most immigration to the U. S. is done through family-based petitions in which one party is related to someone who has permanent resident or U. S. citizenship status, or through employment-based petitions in which an employer plays a central role. Whether you can live here normally without any problem if you do not have any status will probably depend upon the ongoing story of ICE enforcement under the Trump administration.
