H1/H4 to labor certification to greencard

F

Flavio

New Member
Hello all, maybe some of you can help me with some doubts.
I currently hold a H1 visa and my wife a H4 (she is not allowed to work).
After I get this certification, I will apply for permanent resident.
1) Can my wife also apply for permanent resident with me although she will not have a labor certification?
2) Let's imagine I get the Greencard and one year later my company fires me. Will I have the right to work elsewhere? In other words is the Greencard totally tied to the company who sponsored me in the first place?
3) My wife does not have very high degrees, but she is quite proficient in event filming. At what point in this lengthy application process will she be allowed to work as a freelancer in her field? If I get the greencard, does it mean that she too gets it at the same time?
4) if we both get a permanent resident status (is it the same as greencard status?), how long is this status valid, is it for life?
Thanks in advance for your answers
Flavio
 
1. Yes, you can apply 140 and 485 together with your wife when LC is certified.
2. Once you get your green card, you can work for anyone, but if you get laid off during the process, you need to find another company as soon as possible.
3. After you LC is certified, you can apply 140 and 486 together, they will issue your wife work permit after several month. Now the PERM process seems very fast, if everything goes smoothly, you should be able to get work permit for your wife very quickly
4. Permanent residence is same as green card, you can stay in US forever if you wish.
 
Here some clarifications:
1. is correct
2. Once you have greencard no need to find work quickly (other than financial reasons) - it is not tied to originally sponsoring employer anymore, It is different if you voluntarily quit your job shortly (the general opinion is before 6 months-1 year) after receiving the greencard. Your intend to stay with the greencard sponsoring employer could be questioned later on when you apply for citizenship.
3. EAD (work permit) usually takes anywhere from 1-3 months. I got mine after 2 months - so this is (finally) a relatively fast process. EAD needs to be extended every year until you have GC or it is denied and EAD has no basis anymore.
4.you can loose permanent residency (greencard) by:
- staying too long out of the US (without filing re-entry permit before departing)
- committing crime
In contrast they cannot take US citizenship away for these items.
The physical greencard document is only vaild for 10 years at a time. While it can be extended without issues, still it has to be done.
 
You must log in or register to reply here.
Top