Legal Question in Immigration Law in New Jersey

Re: H1 and Green card process

H1B is not required before employer files green card for you.

You need to have PERM approved, and have adjustment application (I-485) pending before the OPT expires so that you can legally stay in the US.

Your spouse also can also file I-485 as your dependent so to stay in the US legally.

If you have I-485 pending, you can file for travel document and with that you can travel out of US and come back.

For cost involved with PERM based green card, please send me an email for details.

Re: H1 and Green card process

YOU WROTE: Towards the end of OPT, is it necessary that my employer files for my H1 or can they directly file for my green card?

RESPONSE: We always prefer that our clients maintain H-1B nonimmigrant status during (and throughout) the green card process.

YOU WROTE: If the latter is possible then what will my status be when my OPT expires and I have a pending application for my GC?

RESPONSE: You would be an Applicant for Adjustment of Status but only if you have the ability to file the I-485 before your OPT (grace period)(or within 180 days after it) has expired.

YOU WROTE: What about the status of my spouse who is a British Citizen?

RESPONSE: Depending upon where you are in the process your spouse should be able to be "derivative" (or derive status) from you.

YOU WROTE: After the GC application is filed can he reside in this country?

RESPONSE: This depends upon what part of the green card process you are talking about.

YOU WROTE: Can I/we travel outside the

country?

RESPONSE: On an H-1B you can if you get a multiple-entry stamp. After you file an I-485 and you receive an Advance Parole Travel Document then you may.

YOU WROTE: In NJ how long does it take to get labor certification done with PERM/without PERM.

RESPONSE: Our Labor Certification Applications are coming back ffrom DOL between 4 and 16 weeks. Please check out our website where we have listed numerous of our cases (position and time required to process by the DOL) that we have had approved since the inception of PERM. By the way, the Labor Certification process can only be done using the PERM process (unless you are doing a Temporary Labor Certification Application - but that does not apply here). However, after we have had a chance to review your resume then we may determine that you qualify for "pre-certification" (and if you do, you may be able to avoid the Labor Certification process altogether).

YOU WROTE: How much does sponsoring a GC cost with PERM/without PERM?

RESPONSE: We do not quote our fees over the internet, but we have seen the process range anywhere from between $1,000.00 and $15,000.00.

YOU WROTE: Is there a minimum salary my employer should pay a Masters graduate to file for H1/Green card?

RESPONSE: The prevailing wage issue is one that could take a great deal of time to explain. We would encourage you to schedule an appointment with our offices if you want to further discuss this.

YOU WROTE: Thanks in advance for the advice.

RESPONSE: You are welcome.