Green Card

I am an Indian working in Middle East. I understand that there are employers in USA who can sponsor/submit petition for my Green Card and it is possible to get employment based Green Card directly without having H-1B. How many months it will take for the employer to obtain my direct Green Card without going for H1B first?

  1. We do not know of any employer in the US who can sponsor your H1 without going through the H1 rule.
  2. You may need to invest more than 1 million USD and employ more than 10 US citizens for a period greater than 6 months for you to qualify to apply for a green card.

My former employer (a consulting company) in US is refusing to provide me an employment verification letter. My attorney requested this letter to file my I-140 in order to prove that I have experience relevant to my current job. Is there any legal way to get this letter from former employer? If not what are my options?

  1. In lieu of your experience certificate, you can provide your attorney with copies of your appointment letter, tax paid/ W2 forms, bank salary credit records as a means to prove that you have been working.
  2. Your lawyer can send a notice to your employer asking for an experience certificate. However, it is not legally necessary for an employer to give you an experience certificate.
  3. INS/ BCIS would accept explanations and the alternate methods as suggested in point one, to prove your employment credential.

I have a problem with GC in the future, as I have not received any pay stubs so far. What do I do

Definitely, your green processing will be adversely affected. I do not think your employer would have processed your green card due to the fact that he has not yet paid you. Please look for a new jobs after your revalidated H-1B has come through.



(Disclaimer: We claim no responsibility for the accuracy of the information. Application of the law can vary drastically according to the facts of a particular case, judge or State in USA. The FAQs are not meant to be specific legal advice. The answers must be viewed as general information and are no substitute for the services of a lawyer.)

 

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