G4 to Permanent Resident (Green Card)

[esnow 0]

Hello All, I currently works at United Nations, New York and has a G4 visa status. My wife is a dependent and also has G4 visa. She soon will be graduated from internal medicine residency program and several employers have been offering a Green Card for the employment and told us that we would have to work with the lawyers to convert from G4 to Green Card. Before we start all this process, I like to know whether G4 status is eligible to convert to Green Card? If there are any kind of restrictions impose on G4 to GC? If anyone has ever converted from G4 to Green Card. If anyone could share some information and shed some light will be greatly appreciated. I thank you all in advance.

TI.

[Little_My 464]

Getting a green card through employment is a long and complicated process, and if I am not mistaken requires quite a lot of proof of exceptional ability and work experience from the part of the foreigner. Others may correct me, as this is not something I am familiar with myself, but I also think usually foreign employees work here for quite a while under the H1-B status first, before they are able to file for oermanent residency through employment. Your wide's prospective employers can probably sponsor an H1-B visa for her, but I don't think it will be that easy to go straight for the GC..

Regarding the G4 status, I am not aware of any restrictions in terms of AOS from G4 visa to greencard. I believe it works as any other non-immigrant visa in this sense - if you are eligible to adjust your status to permanent resident, you can AOS from G4 to LPR. Again, this is an area I have no personal experience from, but from what I know, it takes several years for a non-US citizen greencard holder to sponsor a foreign spouse to become a permanent resident - so even if your wife could be sponsored for a greencard through an employer, it would take you years to become eligible for a greencard. Also, you should keep in mind that many multinational agencies, UN included, might not accept employees with a permanent residence status. My understanding is (and I also work within the UN system), that individuals who are permanent residents of US have to relinquish their residency status and take the G4 visa instead, if they are offered a permanent, US based position with the UN (or World Bank, ILO, etc.). n

[esnow 0]

@Little_My, Thank you so much for your reply and information. My intent was to convert from G4 to GC for the dependent, but not for my self. And I plan to continue with G4 so far as I employed with the UN. A link here http://travel.state.gov/visa/temp/types/types_1280.html#9 says "It is very rare that a dependent of an A, G, or NATO would qualify to change out of that status while the principal is still in active A, G, or NATO status, unless the dependent has lost entitlement to the A, G, or NATO visa by divorcing the principal (in the case of a spouse), getting married (in the case of children), or establishing a separate household (in the case of spouse or children)." If I have understood the statement correctly, it is basically saying UNCIS have little interest in converting dependents to LPR when a principle(me) is on G4 visa. It doesn't say it is dead end, bit it implies that it is very rare G4 status would qualify to change out of that status. I hope that my interpretation is correct, and if someone could verify this understanding will be really great.

What you said about relinquishing GC to take G4 right, and I will also add that it is actually an option. But, it is recommended to relinquish GC when taking G4 visa to work at the UN. There are two categories of staff in the UN system. Professional (P) and General Service (GS). So if you are on P category and relinquish your GC for G4 then you have international benefits such as post adjustments, paid family/home leave, ability to bring families from abroad, education grants, etc. It looks like I'm walking on the thin ice. Any advise or suggestions is greatly appreciated. Many thanks,

TI.

[esnow 0]

Here I found another interesting link http://www.imf.org/external/np/adm/rec/policy/oth/g4.htm#6 and it says this "A Fund employee or his/her dependents may change status from nonimmigrant to immigrant status, provided that the individual is eligible for such status, files the appropriate documents, and is approved by US Citizenship and Immigration Services (USCIS). However, you should be aware that a staff member changing from G-4 to legal permanent resident status becomes ineligible for the Fund's expatriate benefits.". I see some light now.

[Delta5 9]

You are correct. It is really not about your status under the G4 or even your wife under the G4 dependent visa, but your wife as a physician. Since she is legally here and on a medical residency program and about to graduate with an offer of employments, she can qualify for a petition for permanent residency (PR) with her entire immediate family.

A US employer may obtain permanent residence if the employer can demonstrate that he or she is unable to locate a US physician to fill the position. An employer may obtain PR for your physician wife by ...... An application for alien labor certification from the DOL, submission of petition to the USCIS, and Application for PR from USCIS or consular abroad.

Once the DOL has approved your wife's labor certification, the employer must submit a petition to the USCIS to classify your wife with qualified dependent, under the appropriate category for PR. Most physician's qualify under the EB-2 category as professional holding advance degree.

If the Physician's priority date (PD) is "current" ( There are numerical backlogs which govern the length of time that a physician with an approved visa petition must wait to file application for a GC. However, presently there is no backlog for physicians), the physician and family may apply for PR at the USCIS office having jurisdiction over his place of residence in the US.

An H1b is also possible, although not an automatic GC holder once received. However, getting an H1b is not always easy and even getting H1b status is not free from problems. With adequate preparation, however, and some help from a reliable lawyer or agent, a foreign national physician should be able to get employment authorization in the US, especially in medically undeserved areas or health professional shortage areas.

[esnow 0]

@Delta5, Thank you so much for your valuable information. If I'm not mistaken did you meant that I would also be eligible(as part of a family) to get GC? Also to clarify on your last paragraph, G4 visa holders cannot be converted to F-1, H1B and it is clearly stated here: http://www.imf.org/external/np/adm/rec/policy/oth/g4.htm#5 , "A dependent spouse or child cannot change his/her nonimmigrant status while still eligible to hold G-4 status. The U.S. State Department does not allow a dependent G-4 visa holder to change status to a different nonimmigrant visa (e.g., F-1 student visa or H-1B temporary worker) as long as he or she is eligible for, and entitled to, a G-4 visa." And I also recall that UN HR department told us it cannot be converted to H1B, although they allowed my wife to legally work with EAD for her residency. Thanks again

Edited April 1, 2012 by esnow

[Delta5 9]

@Delta5, Thank you so much for your valuable information. If I'm not mistaken did you meant that I would also be eligible(as part of a family) to get GC? Also to clarify on your last paragraph, G4 visa holders cannot be converted to F-1, H1B and it is clearly stated here: http://www.imf.org/external/np/adm/rec/policy/oth/g4.htm#5 , "A dependent spouse or child cannot change his/her nonimmigrant status while still eligible to hold G-4 status. The U.S. State Department does not allow a dependent G-4 visa holder to change status to a different nonimmigrant visa (e.g., F-1 student visa or H-1B temporary worker) as long as he or she is eligible for, and entitled to, a G-4 visa." And I also recall that UN HR department told us it cannot be converted to H1B, although they allowed my wife to legally work with EAD for her residency. Thanks again

It is true a G-4 dependent will not be able to change status into a non immigrant visa while in the US, like an F-1 or an H1b, which is why I previously mentioned that its not easy and not free from problem. However, the G4 dependent holder, of which in this case your wife with her probable employer will instead do the consular processing for her to your home country while continually having the privilege being a G-4 dependent here in the US. If your wife and her probable employer so chooses this path of employment, she can then go home to your home country once the H1b is ready for processing, like the interview at the consular office in your country. She can then comeback here in the US but with a different visa, of course she has to forgo her G-4 visa once a visa like an H1b is approved. This will also apply to all family members she filed under this new visa. But, why do all this, if she is definitely can do the Eb-2 category with the privilege of acquiring a GC once the process is approved. Again, an H1b is not an immediate LPR status, besides it takes years before an H1b holder can even be sponsored for a GC and there is no guarantee an employer will sponsor the H1b holder.

To answer your first question.... YES, you are definitely included as a family member beneficiary, if you so chooses to be included once your wife files for the said category. My humble opinion in your case, I would choose the Eb-2 immigrant category and forget the hassle of an H1b or other non immigrant visa, if your family desires to stay and live in the US. I Hope it cleared up a little bit.

[alfares5000 0]

On 3/31/2012 at 1:12 AM, esnow said:

@Little_My, Thank you so much for your reply and information. My intent was to convert from G4 to GC for the dependent, but not for my self. And I plan to continue with G4 so far as I employed with the UN. A link here http://travel.state.gov/visa/temp/types/types_1280.html#9 says "It is very rare that a dependent of an A, G, or NATO would qualify to change out of that status while the principal is still in active A, G, or NATO status, unless the dependent has lost entitlement to the A, G, or NATO visa by divorcing the principal (in the case of a spouse), getting married (in the case of children), or establishing a separate household (in the case of spouse or children)." If I have understood the statement correctly, it is basically saying UNCIS have little interest in converting dependents to LPR when a principle(me) is on G4 visa. It doesn't say it is dead end, bit it implies that it is very rare G4 status would qualify to change out of that status. I hope that my interpretation is correct, and if someone could verify this understanding will be really great.

What you said about relinquishing GC to take G4 right, and I will also add that it is actually an option. But, it is recommended to relinquish GC when taking G4 visa to work at the UN. There are two categories of staff in the UN system. Professional (P) and General Service (GS). So if you are on P category and relinquish your GC for G4 then you have international benefits such as post adjustments, paid family/home leave, ability to bring families from abroad, education grants, etc. It looks like I'm walking on the thin ice. Any advise or suggestions is greatly appreciated. Many thanks,

TI.

Hi, I am a LPR and would like to take a job at the P category in UN headquarter in NY.  I have been told that i MUST relinquish my Green Card to take a job in this category (which i do not want to do).  Could you please clarify what do you mean when you said relinquishing Green Card is optional or send more information about this issue please.

Ah