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Do I have to be on H1-b visa before applying for green card through employment?

San Diego, CA |

I'm currently on a J1 work and travel and my employer offered to sponsor me for a green card. I consulted a lawyer and he said I would need to apply for H1-b work visa in April 2014, which I would need to extend my current J1 visa in order to apply. Do I really need to obtain a H1-b visa, extend my J1 visa and then apply for green card? It would cost me for all 3 applications.

Attorney Answers 3


Yes, you better listen to your attorney if you want to remain in the US and be able to work during the years your "green card application" will be in process and pending. H-1B status allows you to have "dual intent", whereas J-1 does not. Also, there quickly comes a time when J-1 cannot be renewed anymore. Not so with H-1B. You want a green card? You've got to spend money. Nothing concerning immigration comes cheap, free or easy. You've got to continuously strategize..

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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no, but you owe it to yourself to have a sit down consultation with an immigration attorney.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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No. You can always wait out the process in your home country.

Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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