Can i apply for H Visa & PERM labor approval during the same year?

Asked over 1 year ago - Atlanta, GA

I am currently on L Blanket and completed 4 years of stay in USA . I would like to convert my visa to H Visa and stay for longer than 6 years limit .

Attorney answers (5)

  1. Alena Shautsova


    Contributor Level 20


    Lawyer agrees


    Answered . Yes, you can and you should. The H1B will allow you to maintain legal status while waiting for the I140. Good luck!

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. Dwight David Myfelt

    Contributor Level 12


    Lawyers agree

    Answered . You should speak with an immigration attorney as soon as possible to explore this further, due to time constraints which must be evaluated quickly. From a bigger picture perspective, there is no problem with getting an H-1B visa and starting a PERM case at the same time. The H-1B visa specifically allows you to do permanent visa kinds of things without violating your status, which is much different from temporary intent visas such as student and visitor visas.

  3. Dean P Murray

    Contributor Level 18


    Lawyers agree

    Answered . I agree with my colleague. In addition, I would add that you should consult an immigration lawyer as soon as possible. Good luck to you.
    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  4. Rebecca T White

    Contributor Level 15


    Lawyers agree

    Answered . As noted, yes, this would be possible, but from what you have briefly described you may have some time sensitive planning to do.

  5. Chong Hae Ye


    Contributor Level 16


    Lawyers agree

    Answered . I agree with my colleagues, however, you should consult with an immigration attorney who can guide you through the process.

    The information on this website is not intended to be legal advice.

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