Generally yes. If the priority date on your F1 petition (family-based) became current on the visa bulletin and you are maintaining a lawful status such as H-1B, you can typically file for adjustment of status inside the United States, without having to leave for consular processing.
One key factor works in your favor here: H-1B carries dual intent. This means being on H-1B does not conflict with pursuing permanent residence through a family-based pathway, and you maintain a valid status while your adjustment application is pending.
- The adjustment depends on your priority date being current at the time you file the petition.
- Maintaining lawful status (such as H-1B) is what allows you to apply for adjustment without leaving the country.
- Categories and dates change from one period to the next, so timing must be verified against the current bulletin.
Since each case has its own eligibility details and documentation requirements, confirm the updated requirements with the official source (USCIS and the visa bulletin) or with a specialist before filing your adjustment.
Learn more about Family Based
- Type
- Family-sponsored Green Card
- Sponsor
- U.S. citizen or LPR
- Petition
- Form I-130
- Processing
- 12 months to several years
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.