Green Card

Change to Nonimmigrant Status Before Green Card Expires

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my green card will be expired in feb 2013 , buit right now i m working for multinational company as business developer , I m textile engineer ..

is there any possibilty to have work visa or change of status before my greeen card expire

The expiration date on your green card does not mean that you permanent residency will expire, unless you mean that you hold a conditional green card typically obtained via marriage or through the immigrant investor EB-5 program. You cannot change your status from immigrant to a nonimmigrant status. You can have a company sponsor you for a work visa but you would have to apply for the visa at an Embassy abroad. A better alternative may be to apply for your permanent green card. Contact our office for further details and to see if you are eligible.

From R1 Visa to Green Card

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I’m a monk at a Buddhist temple in the US on a R1 visa. I’m looking for help with my green card. I am on my 4th year with the R1 visa and I know I am going to hit my 5 year maximum soon. Can I apply for the green card? What if my R1 expires before the green card is approved?

The fact that your R1 is expiring will not affect your green card petition. However, you should be aware that once your R1 expires, you will not have any nonimmigrant status while your green card is pending. You will not be able to work after your R1 visa expires unless you obtain an EAD and if your green card is denied for any reason, you will unlawfully present in the US and subject to removal.

We have handled many green card applications for clients whose nonimmigrant status has expired and so long as we thoroughly review your file and are confident that your green card will be approved, then it is ok to file even if your R1 visa will expire before the green card can be approved.

H2B Visa Holder is Looking for Change of Status Options

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I’m having a work visa H2B visa right now but my job is going to end soon. I don’t want to leave and I want to stay legal. I don’t have a new job but I want to stay here. What can I do?

Without more details it is impossible to review all of your options but if you would like to remain in the US to visit and travel, you can apply for a tourist visa and you can remain in the US to travel for up to one year.  If you later find a job during that time or would like us to help you find an employer, you can later change back to an appropriate work visa.

Green Card Expired While Outside the US

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I had my green card since 1980 but kept my Russian citizenship. Two years ago my Mother took ill and I returned to Russia to help her. She recently died and now I want to return to USA. The problem is my green card has expired. Can I use the expired card to come back?

No, and you’ll have some serious problems in regards to maintenance of your residency. In order to maintain your residency you should be present in the US for half the year or more or have a very good reason for being outside for so long. One way is to apply for a reentry permit before you leave but it doesn’t sound like you did that. You will need to either apply for a returning resident visa or obtain a letter from the Consulate to give to CBP when you attempt to reenter.

H1B Visa Extension Beyond the Six Year Limitation

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I’m currently working with a H1B and it will expire soon so I can get a extension? I already have 6 years as H1B and I have labor certificate and my company filed I-140. Can I get a extension?

Yes, you will be able to extend beyond the 6-year limitation. A Section 106(a) extension allows extensions in one year increments where you have a labor certification/PERM, I-140 or employment based adjustment application filed at least 365 days prior to the expiration of your current H1B visa status. In you case though, it would probably be in your best interest to premium process your I140 and get that approved. Then you qualify for a Section 104(c) extension which would allow you to obtain a three year H1B extension, provided that an immigrant visa is unavailable due to per country limitations.

LPR Travel Outside the US for More Than One Year

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I’ve held my green card since 1995. I was recently laid off due to the slowing economy and am considering moving back to England. I don’t know if I will return but I would like to keep that option open if I do decide to come back. What can I do?

In order to maintain your permanent residency in the US, you must evidence your intention to remain a permanent resident. This is normally shown through presence in the US. If you anticipate being outside of the US for more than one year, you should at the very least, apply for a re-entry permit before you leave and make some regular trips to the US during your time outside. There are a few other options to maintain residence but they do require some effort and expense.