When the H-1B visa is about to expire and at the same time the green card process (adjustment of status) is underway, many doubts arise about the best way to maintain lawful status in the United States. It is important to understand that while the green card is being processed, there are possibilities to extend the H-1B, but this will depend on some requirements and the stage at which certain steps of the immigration process have been reached.
Normally, if you already have an employment-based green card petition in progress – and especially if there is an approved I-140 – there may be an option to request an extension of the H-1B beyond the usual period. In many cases, AC21 rules allow workers with pending green card petitions to temporarily extend their H-1B status while awaiting the completion of the adjustment of status.
This extension is possible upon timely filing by the employer, before the current visa expires, and if all the conditions of the process are being duly met. However, it is worth emphasizing that each case has particularities. Even if the rule offers this possibility, it is essential to strictly follow the procedures determined by USCIS and comply with all documentary and temporal requirements.
Thus, maintaining your current status and avoiding future problems depends on a careful analysis of your specific situation. We always recommend that you stay informed about United States immigration laws and seek assistance from specialized professionals – preferably through recognized companies or consultants – to guide each step of the process.
It is important to be wary of offers that promise easy or miraculous results and avoid falling into scams or marketing campaigns that could put your immigration situation at risk. When making any decision, remember: maintaining legal status is essential for your green card process to continue progressing without setbacks. Pay attention to deadlines and procedures and, if necessary, consult reliable sources that can help you navigate these complex issues.
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
Victoria Harper
Editor-in-Chief
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.