How many years does it take to get a green card if on an H1b visa? 3 Answers as of February 21, 2011

If a couple is on H1b visa and delivers a baby, will the child be a U.S citizen? If a person is on H1b visa, after how many years or when will he be eligible to apply for a green card?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
A child born in the U.S. will be a U.S. citizen with some exceptions (such as child of a diplomat). There is nothing automatic about an H-1B becoming a permanent resident. The employer needs to sponsor the foreign worker separately and this can be done any time even before the H-1B is approved.

How long it takes depends on the country of birth of the foreign worker, his or her education and experience and the education and experience required for the job.

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Answer Applies to: California
Replied: 2/21/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You asked two questions. 1) your baby will be citizen if he or she is born in US; 2) As long as you employer is willing to sponsor you on green card, you can apply before your H1B is expired. Good Luck!
Answer Applies to: Florida
Replied: 2/1/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Having an H1B visa does not make your eligible to be petitioned for a Green Card. How may years it takes to get a Green Card through employment sponsor depends on the nature and requirements of the job that you are being petition for. It can take as little as 9 months, or as must as 10 years. Under the current law, a child born in the U.S. (with limited exceptions for children of diplomats) is a U.S. Citizen.
Answer Applies to: California
Replied: 2/1/2011
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