Getson & Schatz, P.C. Represents H-1B Employee in Filing For Green Card Based Upon Marriage to US Citizen

Our law firm provides immigration representation to many companies and organizations throughout the United States. One of our corporate clients supplies computer software and consulting services to North American manufacturers and the U.S. federal government. The company wanted to employ a nonimmigrant as a software engineer in H-1B status on a full-time temporary basis. We organized and submitted all of the forms necessary to apply for an H-1B Status. In connection with the H-1B Petition we utilized the services of a credential evaluation company with which we have a long term working relationship to evaluate the nonimmigrant’s foreign degree to demonstrate that the degree was equivalent to a degree issued in the United States at the Master’s level. USCIS approved the H-1B petition and our client was granted H-1B status as a software engineer for 3 years. Towards the end of the 3 year period, the company came to us seeking help with extending the H-1B status of the same employee. Getson & Schatz, P.C. successfully petitioned for this extension. After successfully working with the company and employee on two H-1B visas spanning almost 6 years, the employee married a US Citizen whom he had met while living in the United States and sought our help applying for a green card. Although the H-1B status is a temporary status, it has dual intent, meaning that a person can simultaneously express an intention to immigrate to the United States by filing an I-485 and also maintain lawful H-1B status. This is important because an individual with a pending I-485 green card application can travel using an H-1B visa instead of an Advance Parole Travel Document so long as they maintain H-1B status by continuing to work for the H-1B employer while the green card application is pending. We filed Forms I-485 and I-130 based upon the marriage, prepared the employee and his wife for the USCIS interview, and attended the USCIS interview with them. The green card was approved.

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