QUESTION
Do I need to apply for H1b visa again while my green card is in process?
Asked on Aug 12th, 2012 on Immigration - California
More details to this question:
I'm on H1B right now and my H1B visa is expiring on Oct 2013. My employer agreed to apply for a green card for me. I'm wondering what if my green card approval takes more than a year. Do I need to apply for H1B again to maintain my status while my green card is still in process?
9 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
To advise you as to whether you need to renew your H1B while your permanent residence application is pending.
Answered on Jun 28th, 2013 at 8:15 PM
It really depends on where in the permanent residence process you will be at the time your H-1B expires. If you are already at the I-485 stage and can get employment authorization, you do not need ot extend your H-1B. If you are not there, then you will absolutely need to extend your H-1B.
Answered on Aug 30th, 2012 at 8:56 AM
Thomas J. Rosser
Yes, we always recommend that you maintain your underlying non-immigrant visa classification (i.e. H-1B) as a "safety net" until you have actually been granted lawful permanent resident (LPR) status in case the adjustment of status process is either delayed (i.e. backlogs in IV availability) or denied.
Answered on Aug 27th, 2012 at 11:15 AM
Immigration Law Attorney serving Long Beach, CA
at
Law Offices of Brian D. Lerner
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Yes, you must extend your H-1B.
Answered on Aug 22nd, 2012 at 12:40 PM
Bruce A. Coane
It's generally a good idea to keep an H-1B current. It's like insurance in case the other case gets denied.
Answered on Aug 22nd, 2012 at 12:40 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Its a good idea to maintain your status by renewing your H1B because there is no guarantee that your adjustment of status will be approved.
Answered on Aug 22nd, 2012 at 12:40 PM
Rebecca T White
Even if you obtain an employment authorization document prior to the expiration of your H-1b status, in many situations it is still worth extending your H-1b status again so as to maintain more immigration options in the event of unexpected changes in circumstances.
Answered on Aug 22nd, 2012 at 12:40 PM
This is dependent on what stage your permanent residency sponsorship is in, whether you have a valid EAD card in addition to your H-1B visa, when the labor certification was file, etc. You should contact an immigration attorney so all the relevant facts, dates, specifics can be reviewed and competent advice given.
Answered on Aug 22nd, 2012 at 12:39 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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Depends on what category you are in - EB-2 vs. EB-3 and what your country of birth is. I recommend renewing the H-1B until the green card is approved.
Answered on Aug 22nd, 2012 at 12:39 PM