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Taylor, Attorney
Category: Legal
Satisfied Customers: 244
Experience:  Attorney
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Madam, Currently I m working on H1b in an IT company, I

Customer Question

hello Sir/Madam,
Currently I m working on H1b in an IT company, I would like to know the ways to get green card.
Actually I heard that a person who can invest $500k for his/her own business, they can also get the green card quickly.
I am a professional artist and selling my paintings online. I would like to start the arts business, I have lot of paintings with me now. As the paintings are precious and cant estimate the price, can I show my paintings to start a business and can apply for green card?
Submitted: 1 year ago.
Category: Legal
Expert:  Taylor replied 1 year ago.

As long as you hold a valid H1B, then you’re eligible to adjust your status.

There are three stages: (1) Obtain PERM Labor Certification; (2) File an I-140 Immigration Petition; and (3) File an I-485 (Adjustment of Status - Green Card Application).

Here’s what happens at each stage:

1. File PERM Labor Certification (This part on average takes anywhere from 1 to 1 ½ years to complete):

  • Your company needs to engage an immigration attorney to start the process.Your job description needs to be drafted.
  • A Prevailing Wage determination request needs to be submitted to the US Department of Labor (DOL).
  • The position needs to be advertised and active recruiting needs to be activated.Assuming no US workers qualify for the position, a PERM Labor Certification application is filed with the DOL.
  • The DOL processes and issues the Labor Certification.

2. File I-140 Immigration Application:

  • After receiving the LCA, the I-140 is ready to be filed.
  • Your credentials are verified for the job and you’re paid the specified wages.
  • If your I-485 is approved, your H-1B can be extended for an additional 3 years (over the 6 year normal maximum period).

3. File I-485 Adjustment of Status:

  • After your I-140 application is approved, you can file the I-485 for an Adjust of Status.
  • The number of visas available depend on your priority date (the date the PERM/LCA was filed), your country of birth, and the classification of your employment.

You can access a wealth of additional information at the USCIS site.

Two important points: (1) It normally takes several years to process - from beginning to end; and (2) there’s more than just a process - following rules and filing forms and documents - involved.

When you’re seeking a Green Card, there are important legal strategies that a knowledgeable immigration attorney can help you with. Important considerations about how and when to file certain items can affect the length of processing and even ultimate approval.

Expert:  Taylor replied 1 year ago.

does that adequately answer your question? if you are satisfied, i would greatly appreciate a positive rating. Let me know if you have any further questions!

Expert:  Taylor replied 12 months ago.

is there anything further i can help you with? if you have any questions i would be happy to help!

Expert:  Taylor replied 11 months ago.

let me know what further questions you have, i would be happy to help! when you are satisfied i would greatly appreciate a positive rating as thats the only way i am compensated by JA!