Legal Question in Immigration Law in California

H1 B to Green Card

I am currently under H1B status in US holding a B-Tech degree (from India) working as a Software Engineer.If my employer is not applying for green card can I apply on my behalf. If so what is the probabilty of getting one.


Asked on 3/23/09, 5:04 pm

4 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: H1 B to Green Card

There are probably many options but you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

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Answered on 3/26/09, 6:24 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: H1 B to Green Card

I do a lot of self-sponsored permanent residence cases. There are two choices, basically: the EB-1 Extraordinary Ability Petition and the National Interest Waiver.

I would be happy to help you out in analyzing your situation if you contact me offline. Check me out at http://www.yardum-hunter.com or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 3/25/09, 5:14 pm
Larry L. Doan Law Office of Larry L. Doan

Re: H1 B to Green Card

Not likely unless you are an extraordinary ability alien with real and demonstrable proof of international recognition in your field (EB1-1 category). Or, your research is important enough that you can get a national interest waiver (EB1-2 category). Otherwise, you need a petitioner petitioning for you.

Larry L. Doan, Esq.

(Straight-talk on Immigration Law at www.GuruImmigration.com )

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 3/23/09, 6:34 pm
Ellaine Loreto Law Offices of Ellaine Loreto

Re: H1 B to Green Card

If you qualify under the EB5 (investor immigration visa), which means you invest at least $500,000 to a qualified business and meet certain requirement, you might apply for a green card without an employment sponsorship.

Please feel free to contact our office for further discussion. Thank you.

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Answered on 3/23/09, 9:51 pm


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