Can I apply an F1 to a Green Card before getting an H1B?

Thanks for your question! This response will answer your immediate question as to whether your employer can sponsor your green card application. Then, it will provide a detailed overview of the process to ensure that you are not thrown off guard by any requirements.

If you work in an eligible job and your employer is willing to sponsor your green card application, you can become a legal permanent resident even if you hold an F-1 visa and have not had a H-1B visa. Your employer will have to file a labor certification, immigrant visa petition, and Form I-140 to compete this process. You should know that this process can be expensive for employers and usually takes a long time to complete. I say this not to discourage you but only to make sure that you or employer do not do something that could make you ineligible for a green card. It is imperative that you avoid the following:

· Avoid major changes to your job duties, function, or salary (minor changes or cost of living salary increases do not impact sponsorship)

· Avoid work location and corporate structure changes

· Avoid employment termination

Any of these three modifications could negatively impact your green card candidacy.

While green card holders are permitted to live and work in the US permanently, the card itself has an expiration date and must be periodically renewed. You can renew your card submitting a proper application and fee and passing a security and background check administered by the United States Citizenship and Immigration Service.

Remember that if you are over 18, you must carry your green card with you always.

I hope this helps! Need assistance completing the green card process? LawTrades can provide your work sponsor with an experienced immigration attorney to complete the lengthy application process. Our marketplace offers free initial consults, 24/7 customer support and a satisfaction guarantee.