Legal Question in Immigration Law in Missouri

I had an H1-B Visa for three years and extension for 3 years (total 6 years). The lawyer never mentioned anything about being able to apply for a green card while in this status, and advised to file for an E-2

I have been in E-2 status for 10 years, but can never apply for permanent residency.

I have an opportunity of a job and would like to change the E-2 status. Could I apply for the HIB again without leaving the country?

If not, could I apply for a TN and then once I have this for a year, apply for HIB without leaving the country?

Any advice would be appreciated

Thanks,

Sheila


Asked on 3/21/12, 8:24 am

1 Answer from Attorneys
Rebecca White Law Office of Rebecca White

Sheila, You would need time out of the US to apply for a new H-1b. It may be that you have, in the past ten years you have been in E-2 status, been outside of the US for a sufficient amount of time to now apply for the H-1b. Depending upon your finances, you may want to consider an EB-5 investment for a greencard. Alternatively, if you have a potential employer, you may be able to do a labor certification application for an employmetn based greencard without changing to H-1b status. The options will vary depending upon the full details of your situation.

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Answered on 3/21/12, 12:21 pm


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