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

Asked over 1 year ago - 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)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

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

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  2. Giacomo Jacques Behar


    Contributor Level 20


    Lawyer agrees


    Answered . 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... more
  3. J Charles Ferrari

    Contributor Level 20

    Answered . 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... more

Related Topics

H1B speciality occupation visa

If you have special skills and the right experience, you might be eligible for a H-1B visa if there is a shortage of qualified workers.

J1 student visa

J-1 visas are an option for students who are receiving sponsorship to participate in cultural or educational programs in the United States.

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