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H1B to Greencard without Bachelor Degree

San Jose, CA |

Hi,

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. 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 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.


  2. 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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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