QUESTION
Can my employer file for a green card when I have a B2 status?
Asked on Oct 09th, 2011 on Immigration - California
More details to this question:
I was working in the US under an H1-B visa. When I re-applied the application for H1-B was denied. My employer is still interested to hire me back. His lawyer said that filing a suit against the H1-B rejection could take several months. If I go back on a B2 visa, is it possible for my employer to file for a green card or at least an H1-B visa while I am on B2 visa? I want to stay and work in the US legally.
5 ANSWERS
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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Sure. You can leave the US and re-apply for the H1b or the green card while you are abroad or here.
Answered on Oct 13th, 2011 at 8:27 PM
Your employer can start filing for a green card while you are in the U.S. in B-2 status. It is not a problem remain in the US or travel and return to the U.S. in B status until the I-140 visa petition is filed but will be afterwards. You will have no problems at all if you change back to H-1B. You should consult with an experienced immigration attorney if you wish to pursue the matter in order to get a precise timeline.
Answered on Oct 12th, 2011 at 10:31 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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As long as you are not out of status, your employer can petition for a new H1B, but if the last H1B was denied, you probably are out of status. If you are out of status, you will need to go home and apply for the B2 or any other non-immigrant visa. However, if your current H1B visa is still valid, you can apply to change to B2 status without going home first. You should consult with an immigration attorney regarding permanent residency or a green card based upon employment.
Answered on Oct 12th, 2011 at 10:11 PM
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Once your H-1B extension is denied, you do not have a legal status to change to. This means another employer can sponsor you again, but you will have to leave US and get a visa to come back. Depending on your nationality, Canadians do not need an H-1B visa to enter U.S.
Answered on Oct 12th, 2011 at 6:19 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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Be careful! You cannot work on a B-2. Also DHS does not like it when you change to B-2 when your actual intent is to again change to an H. This can be construed as fraud/misrep- a serious offense. An employer can start the three step green card process for you if you are in or out of the US regardless of status. That is a different issue.
Answered on Oct 12th, 2011 at 3:07 PM