Legal Question in Immigration Law in California

Re: i-140, work permit, sponsorship

The H-1B will not be available until October 1, 2004 and it is commonly known as the work permit. Nurses who have passed the NCLEX are eligible to file the I-140 and move to permanent residence faster. If you do not have the NCLEX yet, there are some strategies that you can use to minimize the time if you are taking the test soon. However, you need to have passed the exam in order to be approved.

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Re: i-140, work permit, sponsorship

An H-1B visa is NOT A WORK PERMIT! It allows you to work ONLY with the petitioner who petitions for you specifically to work in that one job and no other! It only lasts for 3 years and reneweable up to 6 years. If you switch job, the new employer has to file a new petition for you and go through the petition process which will costs new attorney fees, INS fees, etc. If your employer lay you off, the H-1B ends and you'll have to leave the U.S. The H-1B is very cumbersome.

A work permit is an employment authorization card that allows you to work for ANY employer without

limitation. If you switch jobs, you don't have to get prior permission from INS. An I-140, once approved, will allow you to get a work permit when the adjustment of status application is filed. That's what most H-1B visa holders eventually want to do.

Liem Doan, Esq.