H-1B workers can pursue permanent residence without losing their temporary work status, thanks to the dual-intent classification of the H-1B visa. This allows eligible workers to maintain their H-1B status while taking steps toward obtaining a green card, such as through the EB-2 or EB-3 categories.
Key Details:
- H-1B workers can continue working while their I-140 or I-485 applications are pending, provided they meet H-1B requirements.
- A pending green card application does not prevent H-1B workers from traveling and re-entering the U.S. in H-1B status, as long as they have the necessary travel documents.
- Workers with an approved I-140 but not current priority dates may qualify for H-1B extensions beyond the standard six-year limit.
- Careful planning is essential to avoid gaps in work authorization during the transition from temporary to permanent status.
This dual-intent provision provides significant reassurance for H-1B workers navigating the complexities of U.S. immigration law. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Michael Ashoori