Can I apply for green card through the same job without extending the H1B to another 3 years? 10 Answers as of September 11, 2012

I am on the 3rd year of H1B and it will expire in a couple of months.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
NO, because the green card will take a long time and you have to be in valid status in order to be able to immigrate so in order to maintain your lawful status you will need to extend your H-1B.
Answer Applies to: California
Replied: 9/11/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
You must extend the H-1B and then apply for PERM. *PERM Labor Certification* A Labor Certification is an application filed by your future employer.

Labor Certification is now known as PERM and moves through the system much faster than before. In fact, if everything goes smoothly, after filing the Labor Certification, it could take only 60 days.

This is years faster than before. It is an offer of employment that will allow you to work for that employer when you get your Green Card.

My office prepares the paperwork and application and then sends it out for signature to you and your employer. We guide both of you through the entire process so that you will never wonder what to do next. Please note that even though the Labor Certification process is much faster, that it is still taking years for the visa number to become current.
Answer Applies to: California
Replied: 8/14/2012
Coane and Associates
Coane and Associates | Bruce Coane
You will need an extension.
Answer Applies to: Texas
Replied: 8/14/2012
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
Who was advising you so far, some subway advertiser? Employment-based immigrant petition takes time to prepare; certain preliminary steps have to be taken before filing it; and the approval does not come overnight. In the very best case scenario, you are looking at a several months long process. And you can't fall out of status while waiting for the immigrant petition to be approved. So, most likely, the first thing to do is to apply for an extension of your H-1B. Unless you want to pay for an expedited processing, the time to file the application is now. USCIS takes about 2 months to review these applications. When your H-1B extension is approved, your employer can start the process of petitioning for your green card. There is no harm if you get your green card before your H-1B extension ends. And, if the process takes longer, you can get the H-1B extended beyond 6 years. Other strategies and approaches might be advisable, but a proper consultation would require a detailed review of your case.
Answer Applies to: New York
Replied: 8/14/2012
Law Office of Bijal Jani | Bijal Jani
No, you must have a valid stay at all times while any other immigration petitions are being processed. Therefore, apply for the H1 extension and then work on the green card application through the employer.
Answer Applies to: New York
Replied: 8/13/2012
    The Law Office of Khoa D Bui
    The Law Office of Khoa D Bui | Khoa D Bui
    The green card process may be started before the H-1b expiration date. If your H-1b is not extended, you will no longer be allowed to stay under that status in the US and will have to wait out the green card process in your home country.
    Answer Applies to: California
    Replied: 8/13/2012
    Lisa E. Battan, P.C. | Lisa Battan
    There are many different employment based green card processes. Most take many months and some take many years to complete. You may need to extend your H-1B. You should consult with an immigration lawyer to determine the exact green card process you should use and to determine how long the process may take.
    Answer Applies to: Colorado
    Replied: 8/13/2012
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    If your PERM is already certified, I don't see why not. There is no requirement that you extend your H-1B before applying for a green card.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Office of Grady G Gauthier | Grady G Gauthier
    This is very dependent on where you are in the employment sponsorship process, genersally speaking unless you have a valid EAD card based on an approved I-140 immigrant visa or are currently a US Permanent Resident you will need to extend your H-1B. It is very important that this extension is filed prior to your current I-94 expiration to maintain lawful status and the right to be employed in the US. P
    Answer Applies to: California
    Replied: 8/13/2012
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    If you are able to complete any required advertising and satisfy all the PERM requirements to get the I-140 - and I-485 (which assumes an available priority date) before the H-1b expiration, then yes, you could do so. Most often I will suggest the extension of the H-1b all the same, so as to preserve additional options for you.
    Answer Applies to: Washington
    Replied: 8/13/2012
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