Legal Question in Immigration Law in Massachusetts

How long before my H1B visa ends should I apply for EB-2 green card category? can I apply in the 5th or the 6th year of my H1B?


Asked on 12/17/13, 1:21 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Although you should be addressing this issue with the attorney who filed the H-1B visa on behalf of your employer, the short answer is, as soon as possible.

Labor certifications take a while for prep, recruitment, filing & processing. Moreover, if the labor cert is approved, you still need an approved I-140 petition in order to qualify for the "7th year extension", pursuant to AC21.

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Answered on 12/17/13, 1:15 pm


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