QUESTION
Can my employer apply for h1b visa and green card At the same time?
Asked on Jan 05th, 2021 on Immigration - Massachusetts
More details to this question:
I am a foreigner medical student and I will finish my last year and then I will travel to USA -now, I have a friend in USA who owns a company and he agreed to apply h1b visa and green card for me so I can stay in USA. Now, can he apply for both h1b Visa and green card at the same time to minimize the processing time to get green card? -note . After finishing my last year I will go to USA for training in a hospital On b1 visa before my employer apply for H1b visa and green card and I will return to my country while the process of h1b is running before my b1 visa 6months end and I will travel to USA in the 1st October on h1b visa
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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Assuming that your timing works out and that there are no Covid-19 restrictions or other bars, your employer can apply for both H-1B and the green card for you at the same time. The H-1B is a dual intent visa which allows the holder to have the intent to immigrate during the time that he or she is here as a nonimmigrant. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Feb 02nd, 2021 at 10:49 AM