If I’m working in the US on a J2 visa, may my employer start the green card sponsorship procedure without changing my status first to H1B?

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If I’m working in the US on a J2 visa, may my employer start the green card sponsorship procedure without changing my status first to H1B?

Asked on April 23, 2013 under Immigration Law, California

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 8 years ago | Contributor

Sure, that is no problem. You can start a labor certification without even working for that employer. However, it is helpful that you work for them to prove different issues with an Immigrant Visa and Labor Certifications, the type of visa is not relevant. It may be an issue if you travel around the time that you file for your actual green card/the Adjustment of Status.

Gene Meltser, Esq. / BIRG & MELTSER

Answered 8 years ago | Contributor

Yes, definitely. H visa (or ANY visa for that matter) is NOT required for you to start the Labor Certiicstion process, which is based on the offer of employment, NOT the actual current employment. I would be glad to help - email me directly at [email protected]


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