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By Marc Topoleski, partner at Siskind, Susser, Haas & Devine's Detroit office. Marc can be reached at mtopoleski@visalaw.com. My family and I are on H visa (H1-B for me and H4 for my wife and two kids). We are expecting arrival of a new baby shortly. Since the newborn will be a US citizen by birth, will this help to apply for a Green Card for my family and me?
A U.S. citizen child is not eligible to sponsor parents as immediate relatives for a green card until the child reaches age 21.
How long does it take to get a temporary work permit for one's spouse after completing the I-140 step in the Green Card process?
The application for temporary work authorization (EAD) can be filed along with the I-485 submission to the INS. The approval times varies depending on which Service Center is handling your application. Alternatively, you might be able to file the EAD application at your local INS office when you receive the I-485 receipt notice, depending upon which local office has jurisdiction in your area.
I am a resident physician at a U.S. hospital for a second year now. Last year, I was issued a J-1 visa without the 212(e) notation even though it did appears on the old IAP-66. Does this mean I can apply for an H-1b visa right away and stay in the country? Or, am I still subject to this regulation when my residency is over?
The existence or non-existence of a 212(e) notation on the IAP-66 is not determinative on the issue of whether the home residency requirement applies. Rather, before granting an H-1B visa the INS will look closely at the facts of your case to see whether you are subject to 212(e) focusing on the relevant factors of applicability.
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