H4 can apply Green card.?

[vivek2k7]

My wife has done Phd in Chemistry from INDIA and staying in US since last 2 years on H4 visa.

 

Can she apply for her green card with out a job on H4 visa. Or she needs to get a job first and then her employer will file her H1 and the file her Green card.

 

Gurus: Please provide your valuable input.

 

Regards,

 

[JoeF]

In the EB category, a person generally needs to have an employer who files the immigrant petition. An H1 is not necessarily required, it is just common due to long delays for a lot of people.

There are some ways to file an EB-based GC without an employer, e.g., if the person qualifies for a National Interest Waiver. The person should discuss these things with a good immigration lawyer.

[pontevecchio]

If she qualifies for EB1 or EB2 NIW she can apply on her own. If not she will need a sponsor. It would be difficult if she was at home for 2 years. She needs to show some initiative and get involved in the local University. That would be a first step.

[jairichi]

My wife has done Phd in Chemistry from INDIA and staying in US since last 2 years on H4 visa.

 

Can she apply for her green card with out a job on H4 visa. Or she needs to get a job first and then her employer will file her H1 and the file her Green card.

 

Gurus: Please provide your valuable input.

 

Regards,

If she qualifies for National Interest Waiver (NIW) she can take the help of an attorney and file an application. Talk to a qualified attorney.

[vivek2k7]

Can you please suggest some attorney, who has filled this type of cases in past.

[jairichi]

Can you please suggest some attorney, who has filled this type of cases in past.

You are in the forum of a good immigration law firm. Contact them.

[JoeF]

Can you please suggest some attorney, who has filled this type of cases in past.

You are on a forum run by a very good immigration law firm. Their phone number and email is listed on every page...

[pontevecchio]

Give the firm of Murthy a call.

[t75]

If she does not have the credentials to have already found a job, she is unlikely to have the credentials necessary for self filing since many would have been gained through her employment in the US.

 

University jobs are not given to just anyone. There is a great deal of competition and initiative required.

[NishaV]

I'm on H4 visa currently and been in USA less then a year. If there is a company who is willing to file for my green card (I'm a Malaysian citizen and the green card is current) can i working with them in meantime waiting for the green card or I have to wait until I get one?

 

Can you guys also provide more information on the National Interest Waiver which allows self applying of GC or the links to where i can find this information?

 

Thank you in advance

[t75]

You have to have a guest worker visa (H-1B) or dependent status that permits working (H4 does not). 

 

Read the USCIS website about what is required to obtain a GC in the various situations. Why would you think you qualify for a NIW?  What are your qualifications?

[NishaV]

You have to have a guest worker visa (H-1B) or dependent status that permits working (H4 does not). 

 

Read the USCIS website about what is required to obtain a GC in the various situations. Why would you think you qualify for a NIW?  What are your qualifications?

I'm not thinking if I qualify for NIW but just wanted to read and see if I do fit in that category.

 

I do understand that work permit is required in which H4 is not one of it but the question was if a company who is willing to hire me is willing to sponsor my green card, can i start working with them while the card is in process or do I have to wait till i get my GC.

 

Like i said I'm a Malaysian nationality and hence the GC is current and approx wait is 6 month.

[jairichi]

I'm not thinking if I qualify for NIW but just wanted to read and see if I do fit in that category.

 

I do understand that work permit is required in which H4 is not one of it but the question was if a company who is willing to hire me is willing to sponsor my green card, can i start working with them while the card is in process or do I have to wait till i get my GC.

 

Like i said I'm a Malaysian nationality and hence the GC is current and approx wait is 6 month.

Well, an employer can file a H1B petition and also start GC processing for you. Or straight away an employer, if willing can start your GC process

[t75]

You may not begin working simply on the basis of a GC filing. And to get to a point when one is in line for a GC takes significant time for PERM processing steps.