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H1B vs Green Card

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  • H1B vs Green Card

    Hi There,
    Here is my current scenario

    * Just applied for a Labor Certification for a Green Card process
    * Current project is getting over by end of Feb 2012
    * H1B visa is valid till end of March 2012.
    * Yet to complete 5 years on H1B, still visa can be renewed for one more year with a project

    Worst case if I don't get project within the visa expiration & unable to renew the visa
    * any possibilities to convert to H4 (dependent for my wife with H1B)?
    * Can I convert to H1B with a project ?
    * Switching from H1->H4-> H1 does impact the current Labor application for Green Card?

    Thanks in advance!
    Desi Friend

  • #2
    * any possibilities to convert to H4 (dependent for my wife with H1B)?
    >>> Possible. The COS to H4 should be filed before your current I-94 expires or before your go out of status on H1B.

    * Can I convert to H1B with a project ?
    >>> Possible. But not advisable to file multiple petition for different status at the same time. Search and read about the last action rule.

    * Switching from H1->H4-> H1 does impact the current Labor application for Green Card?
    >>> No. If the employer wish to continue the GC process, they can as GC is for future employment.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks Shervin.Appreciate your prominent response.

      Comment

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