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Filed: H-1B Visa Country: Canada
Timeline
Posted

Can anyone help?

My friend is a Canadian and is in USA on a H1b visa, due to a specialized field. He has been in the USA for 2 years. He would like to apply for a green card personally for himself, his wife and two kids under 11. My question is can he do so personally or does his employer have to petition for him and once he gets his green card, he will file for his family? I have never heard that this can happen but maybe because he is a Canadian? Someone also said that filing personally depends on his employment visa, EB1 visa which is a specialized employment base allows him priority?

Can anyone please advise me?

Thank you

Filed: K-1 Visa Country: Wales
Timeline
Posted

His Employer would file for him and his family at the same time.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

  • 2 weeks later...
Posted

To get LPR from H1B, it has to be done through an employer or through marriage. As for other types work visas or treaties with other countries, I don't know.

Can anyone help?

My friend is a Canadian and is in USA on a H1b visa, due to a specialized field. He has been in the USA for 2 years. He would like to apply for a green card personally for himself, his wife and two kids under 11. My question is can he do so personally or does his employer have to petition for him and once he gets his green card, he will file for his family? I have never heard that this can happen but maybe because he is a Canadian? Someone also said that filing personally depends on his employment visa, EB1 visa which is a specialized employment base allows him priority?

Can anyone please advise me?

Thank you

ROC Journey:

4/24/13 - Submitted I-751 application

4/26/13 - I-751 officially filed

6/11/13 - Biometrics done

8/14/13 - Rec'd RFE

9/21/13 - Submitted RFE response

9/23/13 - RFE response rec'd at VSC

(about 2 months later)

11/21/13 - Service request via Tier 1 submitted

12/11/13 - Response to service request rec'd - vague info about processing times

12/12/13 - Service request via Tier 2 submitted

12/10/13 - APPROVED!!! (letter rec'd 12/14/13)

12/16/13 - 2nd Service request response rec'd

12/17/13 - Card production email/text rec'd (online case updated)!

12/24/13 - Notification rec'd via email regarding card mailed on 12/23/13 (online case updated as well)

12/26/13 - 10-yr card rec'd!

One thing I have learned on this journey:

There is no such thing as an "overkill" evidence package. Submit anything and everything you can. Who knows what will prevent you from getting an RFE.

Filed: Citizen (apr) Country: Poland
Timeline
Posted

Well - he can apply for himself under National Interest Waiver but very few people qualify for it.

http://www.uscis.gov/eir/visa-guide/eb-2-employment-based-second-preference/national-interest-waiver

So for the most part the answer is - as other above said - no.

 
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