+1-800-997-1228
Questions & Answers

How can I keep my H1 status until I get a permanent green card?

I am currently working in the U.S. with an H1 visa and am about to file my I-526. I understand that my H1 remains intact until the approval of the I-526 and then I have two options of either filing adjustment of status or consular processing to get a conditional green card. Since it is only a conditional green card, how can I keep my H1 intact until the conditions are removed? Do I have to give up my H1 status at the conditional green card stage or do I have options? What happens if my application to remove the conditions on my green card fails, what options do I have then if I don''t want to leave the US?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    You cannot keep your H-1B status after your conditional permanent residence green card is granted. If your I-829 is not granted, you may have other remedies available or reapply for another visa category or new H-1B is you are eligible. Please discuss upon consultation with an immigration attorney.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    Your H1-B status will remain until you obtain conditional permanent residency status. At that time you cannot keep your H1-B status. If your petition to remove the conditions is not approved then you may have remedies available to you. Your EB-5 Immigration attorney will be able to advise you.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    When you become a conditional permanent resident, you would not be in H-1B status. If your I-829 petition is denied, then you could obtain H-1B status again if the approved H-1B petition was still valid or your employer files a new H-1B petition for you.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    You cannot keep H1 status while in conditional permanent resident status. If I-829 fails, you would be eligible for NIVs such as H1B. At this stage, instead of worrying that I-829 would fail, I recommend you make sure you are picking the best possible project so you would not have to face this situation.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    No, you can not maintain a nonimmigrant H-1B status and simultaneously maintain a (conditional) lawful permanent resident status. When you file for the adjustment of status and are granted the conditional permanent residence, you are no longer a nonimmigrant. If your application to remove the condition is denied, you can always reapply for H-1B status then - as long as you meet all the requirements thereof.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can keep your H1B visa which is a non-immigrant visa if you don''t mind bearing the costs as you continue to pursue an immigrant visa through EB-5 petition. However and advisably, consult an EB-5 attorney and share the details of your case, the fear expressed about prospective denial at I-829 stage may not justify the costs of pursuing both non-immigrant and immigrant visas at the same time.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    Your H-1B status can be valid for up to 6 years. Typically, it is issued for 3 years with the possibility of a 3-year extension. If your employer files a Labor Certification or alternatively, an Employer''s Petition on Form I-140 on your behalf prior to the end of your 5th year, you are able to obtain 1-year extensions of your H-1B status beyond the 6 years. Upon approval of your I-140 petition, you are able to obtain a 2-year extension. However, the filing of EB-5 Investor Petition on Form I-526 does not allow you to extend your H-1B status beyond 6 years. Once a visa number becomes available, you do have the two options of either filing for Adjustment of Status or Consular Processing. If you were to obtain your conditional Lawful Permanent Residency, it would no longer be necessary to maintain your H-1B non-immigrant status. In fact, it would not be possible to do so nor would it be necessary. Should you fail to remove the conditions on your conditional Lawful Permanent Resident status, you would have several options including contesting the denial in a variety of different forms, but basically if you were to lose your Permanent Residency, you would have limited options unless you could qualify through a qualified family relationship or another employment opportunity, but that would take more time than you would have and you could be required to leave the U.S. I should say positively that once you acquire your conditional Lawful Permanent Residency, the approval rates for removing conditions are extremely high. In our firm, as far as I know, we have a 100% approval rating.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    When your conditional residence is approved 2-year green card issued you lose your H status. Until that time you can continue to renew your H-1B.

  • Avatar

    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    When you adjust your status or are admitted into the United States as a lawful permanent resident or LPR (the latter following seeking admission at the border with a visa stamp), you will be in the status of a permanent resident. You cannot have two statuses at the same time, so you would be on an LPR. If during the period when you are a conditional resident you were counted under the H-1B Cap during the previous 6 years you may be able to recapture your H-1B status through a new H-1B petition. That might only be desired if your petition to remove the conditions on your residence is running into trouble.

  • Avatar

    Tomas Resendez

    Immigration Attorney
    Answered on

    Once you receive your conditional green card, you will automatically give up the H1 status/visa. You cannot keep the H1 status/visa and have a conditional green card. You have options in case the application to remove conditions is denied. You would need to consult with an immigration lawyer, and go over your options with him. Your options will vary according to your situation.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Your H-1B remains intact as long as you work for the petitioner and until you receive your conditional lawful permanent resident status. You may not keep your H-1B until the condition is removed. If your I-829 petition to remove the condition is denied, you could reapply for another immigrant visa category or even a new H-1B if you have a sponsor and you are otherwise eligible.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    You cannot keep H1B status and conditional green card as you can be only one immigration status at one time. When you opt to receive either immigrant visa or adjust to residency, you are giving up the non-immigrant visa status. If your spouse becomes the investor and you do not join her in that process, perhaps you could keep your H1B. However, under the Trump administration strict scrutiny of H1B extensions, there is a high risk of your H1B being extended at least once or twice until the condition of your spouse gets removed. It may be better for you to choose a regional center with an impeccable track record in i-829 approval so that the risk of denial on the removal of conditions application process is minimized.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.