Legal Question in Immigration Law in New Jersey

work permit Or dependant on permanent residence

I am on H1b visas and wife is a lawful permanent residence since one year. So haw can i apply for the work permit so that i can work with any employer and i would be free from the cluthes of h1b holders. please guide me for that. iwould really appreciate your concern.


Asked on 5/16/07, 1:21 pm

2 Answers from Attorneys

Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: work permit Or dependant on permanent residence

You have to be eligible to file for your I-485 first. Which will depend on when the paperwork was filed and how soon your wife will be a permanent resident.

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Answered on 5/16/07, 1:40 pm
Regina Mullen Legal Data Services, PLC

Re: work permit Or dependant on permanent residence

Understood, but being in the "clutches" of an employer is part and parcel of H1B status.

Your best bet is to do some proactive consulting with an immigration lawyer and plan a strategy for changing your residency status.

Once you outline the steps needed to secure the visa you want (which might involve leaving the country and coming back in), you can then figure out how to get around the H1B regulations.

H1B was never intended to be a back door into permanent residency, so ask yourself what you really want and then plan for it while you're here.

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Answered on 5/16/07, 4:37 pm


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