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Posted on 25 Jul 2009
Q.

Laid off H1B, H4 Nurse spouse qualified for EB2 Immigrant Visa

My whole family entered the US as L1/L2 starting Mar 2004. Our Visas were converted to H1B/H4 last Oct 2008, validity until Apr 2010. I got laid off Mar 2009. It took a while before my Nurse wife found a petitioner for her Immigrant Visa. Their lawyer confirmed my Nurse wife qualifies for EB2 category which is Current for Philippine applicants, but still insists on H1B application first.

1) Does my wife's petitioner still needs to apply an H1B for my Nurse wife eventhough she qualifies for EB2 Immigrant Visa category?
2) What are the benefits or risks involved for not doing H1B application first?
3) Can we do Adjustment-Of-Status if we directly proceeded to EB2/Immigrant application?
4) If Consular Processing is necessary for EB2/Immigrant application, can we do it in Canada?

User's Location: Sunnyvale, California, United States of America
Category: H1B Visa (Work Visa)
Posted on 27 Jul 2009
A.
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User_thumb_100_Photo_Dimitar_Michailov

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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