Background
When our client first came to the U.S., he was here on an H-1B visa. He had one goal in mind, which was to grow in his career as a computer engineer. His wife, Sheela, was also with him, working as a travel advisor on an H4 visa. Back home in India, he was not able to work on projects at such a high caliber as he was in the U.S. He was working with major platforms like AWS, Google Cloud Platform, and even Microsoft Azure, and had many pending projects that would take time to finish. Like many highly skilled professionals, he contributed to his U.S. employer and the economy, but his long-term dream was to transition from temporary work to permanent residency.
After years of working on an H-1B visa, our client, Ravendra, wanted the security and stability that a green card provides. This was not just for him, but also for his wife, who had built her own life and career here.
Case
As an H-1B visa holder, the visa has dual intent, which means that Ravendra has both a temporary plan to stay and work in the U.S., but could also plan to stay and obtain permanent residency in the U.S. However, we still needed to transfer our client over to a permanent visa, as you cannot apply for a green card with just an H-1B visa. Our legal team determined that he was an excellent candidate for the EB-3 skilled worker category. This category, outlined under Sec. 203(b)(3)(A)(i) of the Immigration and Nationality Act allows foreign nationals with at least two years of training or work experience to apply for permanent residency. Specifically, under the E36 category, it allows a skilled worker who is adjusting their immigration status to permanent residency. We filed the green card application under the third employment category.
Before this, we had to file Form I-140, which is the Immigrant Petition for Alien Worker. This is a critical step to show that Ravendra’s employer had a legitimate need for his role and was offering a wage that met the Department of Labor standards. As our client was already here on an H-1B visa, timing and accuracy were everything. Our team carefully prepared the application to ensure a smooth transition between statuses, avoiding any gaps in work authorization. USCIS approved his I-140 in no time, and with his priority date current, we knew we had to file the I-485, Adjustment of Status application quickly.
Verdict
Within 9 months, USCIS approved Ravendra’s green card, alongside his wife’s! They were both lawful permanent residents of the U.S. now.
How VisaNation Helped
Today, our client or his wife has to worry about annual H-1B renewals. They are permanent residents of the United States, free to pursue their careers, and they can change their jobs if they want! As green card holders, they can work and travel in and out of the U.S. We understand how important it is to make sure that your immigration is protected during any transition. VisaNation guarantees that your petitions are handled with precision and care to avoid any sort of issues! Are you interested in a green card? Contact us!
