Legal Question in Immigration Law in New York

Hello,

I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. My OPT nevertheless expires at the end of this year and i am looking for ways to stay and work in the US legally. As far as my research as lead me, jobs based on commission are a valid criteria for a green card. Do I have any other options.

Thank You for your time.


Asked on 4/19/10, 3:37 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

As a self-employed real estate agent, you can't stay as there are no appropriate visas. If employed by a compnay, they have to petition for your green card.

Unless you are married to and petitioned by a US citizen spouse, the employment-based green cards are supposed to be petitioned by an employer (with a rare few exceptions where a foreign worker can self-petition, which doesn't apply for a real estate agent working on commission).

The non-immigrant work visa is H-1B visa (specialty occupation where a petition is filed by a US employer). For an H-1B, you have to hurry ot make it into the 2011 quota.

I offer paid confidential legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238. Office Telephone line is 1-402-210-2040 (please email first to schedule a consultation).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 4/24/10, 3:50 pm


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