AOS help from someone with H1B visa and working

[JamesDTresmondEsq 1]

What is your education level?

[Soapz 14]

As it has been said before, you can adjust status (apply for a green-card from your H1b).

To get a green card under this classification, the US employer must offer the employee a permanent job in the US. The employer may be the same employer that sponsored the H-1B visa, but it doesn’t necessarily have to be. Like the H-1B process, this green card process also requires the employer to file a certification with the Department of Labor prior to filing a petition with USCIS.

The process of getting an employment based green card can often be very long. As a result of lengthy processing times, H-1B workers are allowed to extend their status past the six years normally allowed, but only if they have reached a certain stage in the green card process.

There are three main steps in the employment-based green card process:

Labor Certification

Immigrant Petition

Adjustment of Status Application (“Green Card” Application)

You are eligible for extensions of H1B status beyond the six-year limit in one-year increments if you are the beneficiary of a Labor Certification that has been pending for at least a year. If you are a H-1B beneficiary who has an approved I-140 Immigrant Petition, but waiting for a visa number to become available before filing for Adjustment of Status, you may get an extension of H-1B status beyond the six-year limit in three-year increments.

I would assume that your company has already used an experienced lawyer to help with the original H1B visa processing. You might want to talk to HR and ask if your employer is willing to help you get a green card.

good luck!