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General I-140 from E1 to Employment based green card

from E1 to Employment based green card

Hello Everyone,

my name is Simon, I am currently working in the US for the american branch of an Italian company.

Me and my wife have a visa E1.

I would like to apply for a Green Card, but I have a few concerns:

1) Can the american branch of the company sponsor me for an employment based GreenCard, given the fact that its not a presumed future job, but I am already working there?

2) During the entire petition process, is my E1 still valid?

3) My wife has a derivative E1. If I switch to a GreenCard, can she keep the E1 as long as I am still working for the company linked to that particular Visa?



thanks in advance for the answers

You need to talk to a lawyer. Bring your resume and all your diplomas.

You need to figure out what visa category you might qualify for first. An E-1 does NOT have dual intent, so it would be best if you switched to either an H1-B or L visa first. Both have dependent visas for spouse and children.

IF a U.S. employer files a labor cert for you, it would take some time but H and L visas have dual intent status. All employment based immigrant visas allow for dependent spouse and children to also get greencards.

Nothing will happen overnight, it will take years.

 
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