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lucy85

Applying for a green card from H1B without a masters?

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Filed: Timeline

Hi everyone,

I am on a renewed H1B which expires in 2016 and my company is willing to sponsor me for a green card. I have worked there for over 4 years. However, I only have a Bachelors degree in Art and they are asking me to pursue a masters part time to make my case easier. Will this truly help, or can we proceed with applying without a Masters? Even if I pursue a masters, it would take 2-3 years to complete which by then my visa would have expired. How many times can a H1B be renewed, and what is my next step?

Thank you!

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Filed: K-1 Visa Country: Wales
Timeline

It may help take you from say EB3 to EB2.

But the important thing is they file now for whatever category is appropriate, you can always take advantage of any change in your situation later.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline

It may help take you from say EB3 to EB2.

But the important thing is they file now for whatever category is appropriate, you can always take advantage of any change in your situation later.

Is EB2 from EB3 a significant change? I am very worried that if it does not work out, I would have to leave in 2016. My company is very willing to keep me, but I am not sure if they can, considering my HB1 has already been extended 6 years. Do I have a good chance in my situation?

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Filed: K-1 Visa Country: Wales
Timeline

If they want to keep you they will file now, if they do not file then you know what the deal is and gives you time to decide what to do.

You can look up the current priority dates, they change.

This is very basic stuff for the Companies Immigration Lawyer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline

This is a classic stalling tactic, your company doesn't have your best interests in mind.

I am of the impression that they will file ASAP regardless of the masters degree, which was just a suggestion.

As long as they file it ASAP, then might I assume I would be protected? How long can I stay in the US after starting the process?

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Filed: K-1 Visa Country: Wales
Timeline

You can stay until your Visa Number is current and you get your GC, at which point you are good to go free of Company ties.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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