Legal Question in Immigration Law in California

I am currently under Tourist visa. I lived in the US for 10 years (student visa Undergrad, then graduate, then OPT then H1B). Now my previous company wants me back but I have no legal status to work unless I wait for H1B, October next year 2013.

Now my question, I am targeting to have a green card so I can work. Can I do PERM, LAbor certification, Form I-140 and Form I-485 without having a H1B? or I have to have h1b?

I am married with non-us citizen. However I have a US citizen boy and upcoming US citizen girl. I feel very sad for my kids if I have to go back to my home country because the quality of life there extremely poor and bad for raising kids. If I have to go back home I felt like kidnapping two US Citizens :(

Any idea for path of Green card or US citizenship for me or my wife? I need huge help. Thanks.


Asked on 11/23/12, 9:35 pm

1 Answer from Attorneys
Joseph La Costa Joseph La Costa, Attorney at Law

If the company proceed with your green card process and your PERM, I-140 is approved, you will need H1B visa until your priority date to file I-485 is current and you receive EAD card.

Please have your employer contact our office if they want to proceed with your green card process at 619-922-5287, 619-501-1616 or email to: [email protected]

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Answered on 11/26/12, 10:55 am


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