Can I have a green card in parallel with the H-1B?

Many people wonder if it”s possible to reconcile the H-1B visa situation with the pursuit of permanent residency (Green Card) in the United States. It”s important to understand that the H-1B is a ”dual intent” visa, which means it allows, from the start, the beneficiary to have temporary intentions while simultaneously initiating processes for permanent residency.

Thus, it is common and legal for H-1B holders to start the Green Card procedure. When starting the Green Card process, the employer usually needs to sponsor the candidate under one of the employment-based immigration categories. This involves a series of steps, ranging from the Labor Condition Application (LCA) and Department of Labor certification to the filing of the immigration petition (I-140) and adjustment of status or consular processing.

During this process, since the H-1B already provides the ”dual intent” status, the candidate does not automatically lose their temporary immigration status while awaiting the completion of the Green Card process. It is essential to strictly follow the United States immigration laws and regulations throughout the process, as non-compliance or errors can result in future complications.

Therefore, it is advisable to seek guidance from reliable sources and recognized professionals in the field, to ensure that all steps are correctly and transparently fulfilled, avoiding scams or unfounded promises disseminated by dubious marketing campaigns. Each case has its particularities, and due to the complexity of the American immigration system, staying well-informed and seeking specialized advice can be crucial to achieving the desired goals.

It”s always good to remember that, regarding immigration, strictly following the legal procedures is essential to ensure that you comply with all requirements, consequently securing a smoother and safer process.

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.