Immigration Details

[ngerrard81]

What is the name of your state? Oregon

I have a friend from India and he originally came to the US on a student visa and is now on a work visa through his employer. His work visa is up for renewal soon and he wants to stay in the US to keep working and go back to school to obtain another degree, but he's not sure of his options. I want to help, but I don't know anything about immigration laws and any advice to keep him here legally would be helpful. Thanks!

 

[ImmigAttyLana]

If he wants to go to school fulltime, he has to change from work visa status to student visa status. If he only wants to go to school parttime, he can continue to do this while he is in work visa status.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[ngerrard81]

Green Card

So, how long can he keep using a work visa? Is it based on how long his employer sponsers him? How long can he stay under a student visa? Are there new laws in place that say he has to apply for his green card within so many years of being in the country?
Thank you.

 

[ImmigAttyLana]

The work visa is valid for the duration of the approval notice and may be eligible for renewal (without additional details, I am not able to provide you with guidance on how much time he may have left). The student visa status is valid for as long as one maintains status as a student, through undergraduate, graduate studies. There is no minimum amount of time that one has to be in the US before an employment-based permanent residence process can be started on that person's behalf. In fact, the person does not even have to be in the US in order for this process to be started.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.