4 ms·

I don’t know how this will play out for employment based categories. You need to be have a job and be on a valid visa to even apply for a green card. How do you

I don’t know how this will play out for employment based categories. You need to be have a job and be on a valid visa to even apply for a green card. How do you then go outside the country, apply for a green card, all the while maintaining your job and a visa while you wait for the application to be processed? As far as I know not being in the US for extended periods of time, voids your work visa in the first place.

buzer 5mo ago
IANAL. My understanding is that you can do consular processing even if you are in the US, it's just that you need to leave to do the interview (and things like biometrics) and get the actual visa. Now I'm not sure if you are allowed to re-enter after your interview before your case is decided/you get the visa but I would imagine so (if have valid visa), you would just need to exit again to get the visa later.
- kettlecorn 5mo ago
  Also not a lawyer. I believe the issue with what you're describing is that if you're on a temporary visa, like a student visa, applying for a green card shows intent of immigration so you cannot return to the US on a student visa. If you have an H-1B already you may be able to do what you're describing. If you're a recent grad in the US this basically locks you out of trying to get a green card until you've already secured an H-1B.
- darth_avocado 5mo ago
  If that’s true, things may be slightly better, but I’m also reading this move will take away substantial funding from uscis since it is funded purely based on fees collected with immigration applications. Processing times are already pretty large in a lot of countries. So even with the flexibility, you carry a substantial risk.
cheinic6493 5mo ago
> You need to be have a job and be on a valid visa to even apply for a green card. False You don’t need a job to apply for green card. Valid visa, yes. But that’s easy.
- darth_avocado 5mo ago
  If you read my full comment: > don’t know how this will play out for employment based categories I am only talking about employment based categories if you refer to my original comment. I’d be curious to know what visa categories allow you to file for an employment based greencard without a job?
  - mavelikara 5mo ago
    My understanding is that the EB green cards are for a job offer, and not the current job. In practice, though, almost all employers file EB GC petitions for only their current employees, not future ones.
  - throwaway219450 5mo ago
    EB1-A and EB2 NIW are the usual categories. Both allow you to self petition without an offer of employment.

buzer 5mo ago

IANAL. My understanding is that you can do consular processing even if you are in the US, it's just that you need to leave to do the interview (and things like biometrics) and get the actual visa. Now I'm not sure if you are allowed to re-enter after your interview before your case is decided/you get the visa but I would imagine so (if have valid visa), you would just need to exit again to get the visa later.

kettlecorn 5mo ago
Also not a lawyer. I believe the issue with what you're describing is that if you're on a temporary visa, like a student visa, applying for a green card shows intent of immigration so you cannot return to the US on a student visa. If you have an H-1B already you may be able to do what you're describing. If you're a recent grad in the US this basically locks you out of trying to get a green card until you've already secured an H-1B.
darth_avocado 5mo ago
If that’s true, things may be slightly better, but I’m also reading this move will take away substantial funding from uscis since it is funded purely based on fees collected with immigration applications. Processing times are already pretty large in a lot of countries. So even with the flexibility, you carry a substantial risk.

cheinic6493 5mo ago

> You need to be have a job and be on a valid visa to even apply for a green card. False You don’t need a job to apply for green card. Valid visa, yes. But that’s easy.

darth_avocado 5mo ago
If you read my full comment: > don’t know how this will play out for employment based categories I am only talking about employment based categories if you refer to my original comment. I’d be curious to know what visa categories allow you to file for an employment based greencard without a job?
- mavelikara 5mo ago
  My understanding is that the EB green cards are for a job offer, and not the current job. In practice, though, almost all employers file EB GC petitions for only their current employees, not future ones.
- throwaway219450 5mo ago
  EB1-A and EB2 NIW are the usual categories. Both allow you to self petition without an offer of employment.