H1B to Greencard without Bachelor Degree

Asked over 1 year ago - San Jose, CA


My husband has an H1B visa now. Though he does not hold a bachelor degree, he has over 16 years experience in IT. His company lawyer advises to get a degree first, and then apply for GC.
1. Is education a significant factor to get GC approval or rejection?
2. Is the risk to get rejection higher than for professionals with bachelor degree?
3. Does possessing a bachelor degree speed up the process? Or terms of waiting can be the same?
4. If I do not renew H1B, can I stay within the US while my GC application is in process?
Thank you.

Attorney answers (2)

  1. Tripti Sharad Sharma

    Contributor Level 19


    Lawyers agree

    Answered . 1) Depends on the job requirements
    2) No
    3) Depends on the category sought
    4) Again, depends on where in the GC process you are. It is always recommended to continue to maintain non immigrant status despite the pending AOS application.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  2. J Charles Ferrari

    Contributor Level 20

    Answered . 1. depends on the facts of the case.
    2 See 1
    3 No
    4 Only if you have reached the I-485 stage.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
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