Legal Question in Immigration Law in Texas

Filing for H-1/Green Card
I am on a J-2 VISA with a valid Employment Authorization Card(EAD). This has enabled me work for Everest Institute in Houston as a Medical Instructor/teacher. I am well liked and the institute wants to keep me working for them long term. They are ready to file for an H-1B/ green card for me but do not know how to go by it. My questions are 1. Are they qualified to file for one for me?

2. How can both parties proceed to get a green card for me?

I had used a J-1 VISA for 2 years of graduate Medical Education in a medical residency some years back but didn't complete the program of 4 years duration. I then switched from the J-1 to a J-2 Visa that I have now due to my spouse being on a J-1.

So can Everest Institute that I work for now, sponsor me for a green card?

Asked on 2/09/08, 4:26 pm

Michael Cho Law Offices of Michael Cho

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Re: Filing for H-1/Green Card

You may qualify depending on whether the J-1 holder is subject to the 2 year home residency requirement.

If he/she is, then there are also waivers available, approval of which would allow you to apply for a change of status to H-1B.

Your employer may also begin the labor certification process for your green card at any time.

Answered on 2/10/08, 4:45 am

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