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Can I get a green card approved while I am on H-1B?

With an H-1B you can pursue a green card without giving up your work visa, thanks to dual intent. Learn about the steps, from petition to adjustment of status, without needing to leave the U.S.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 10, 2026
1 min read
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Yes. Being on H-1B does not prevent you from pursuing, and obtaining, a green card. The visa allows dual intent, meaning you can maintain your work status while simultaneously pursuing permanent residence, without one canceling out the other.

In practice, the path typically involves two major steps: a petition that recognizes you in an immigration category (generally filed by the employer, although self-petition categories exist) and, afterwards, the adjustment of status, which is the request to become a permanent resident without needing to leave the United States.

  • Dual intent is what allows you to combine the H-1B with the green card application.
  • With sponsorship and requirements met, it is possible to adjust status from within the country.
  • Keeping the H-1B valid and current is essential while the process is ongoing.

Each case has its own particularities and fitting into the categories requires careful analysis. It is worth evaluating your situation with a specialist and checking the updated requirements at the official source (USCIS) before getting started.

Learn more about H-1B

Initial validity
3 years
Extension
Up to 6 years total
Annual cap
85,000 visas
Processing
6-12 months
All about H-1B

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.

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Can I get a green card approved while I am on H-1B?

With an H-1B you can pursue a green card without giving up your work visa, thanks to dual intent. Learn about the steps, from petition to adjustment of status, without needing to leave the U.S.

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