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Can I have a green card approved while on an H-1B?

Maintaining an H-1B visa does not prevent the initiation of the green card process, provided legality is maintained and employer support is present.

Written by

Victoria Harper

Editor-in-Chief

Updated on September 9, 2025
2 min read
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It is important to understand that maintaining an H-1B visa does not prevent you from starting the process to obtain a green card. Many professionals working under this visa choose to adjust their status to become permanent residents while remaining legally in the United States.

Generally, the path to the green card involves two main steps: the employer”s petition (or, in some cases, a petition based on special categories) and, afterwards, the adjustment of status. The fact that you hold an H-1B visa means you are in a non-immigrant status but, at the same time, you can enter the immigrant process if you meet the established requirements.

If your employer is willing to sponsor you and you meet all the process requirements, it is possible to proceed with the green card application without needing to leave the country. Remember that each case has its peculiarities, and US immigration laws require you to maintain your legal status throughout the entire process.

Therefore, it is crucial to act cautiously, seek qualified guidance, and avoid proposals that promise quick results without proper analysis of your situation. Always consult with immigration advisors or specialists to have a clear view of your rights and the conditions of your process.

Stay informed and attentive to changes in legislation, always remembering the importance of following all current legal norms and requirements. When dealing with issues as complex as status adjustment, seeking specialized guidance is the best way to ensure you are making the right decisions for your future in the United States.

Learn more about H-1B Visa

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

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.

Victoria's tips

Can I have a green card approved while on an H-1B?

Maintaining an H-1B visa does not prevent the initiation of the green card process, provided legality is maintained and employer support is present.

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