Can You Apply for a Green Card While on H-1B Visa?

Learn how H-1B visa holders can apply for a green card without losing their status. Understand dual intent and required processes.

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Yes, you can apply for a green card while on an H-1B visa. This process, known as dual intent, allows H-1B holders to pursue permanent residency without jeopardizing their current status. Typically, your employer will sponsor you through an employment-based green card process, which involves filing for labor certification (PERM) and then submitting Form I-140 and Form I-485. Consult an immigration attorney for personalized guidance.

FAQs & Answers

  1. What is dual intent in immigration? Dual intent allows certain visa holders, like H-1B, to pursue permanent residency without losing their non-immigrant status.
  2. What are the steps to apply for a green card with an H-1B? The main steps include labor certification (PERM), filing Form I-140, and submitting Form I-485 for adjustment of status.
  3. Do I need an employer to apply for a green card on H-1B? Yes, typically your employer must sponsor you for the employment-based green card process.
  4. Can I apply for a green card on my own without employer sponsorship? While most pathways require employer sponsorship, options like family-sponsored green cards do exist.

Watch More

For more insights on the immigration process and transitioning from an H-1B to a green card, check out our related videos and articles on visa applications and legal guidance.

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