What Happens If I Am Offered A Permanent Employment Position While I Am In The United States On An H-1B Visa?
If you are currently in the United States on an H-1B visa and are offered a permanent position by your employer or another employer, you may apply for an “Adjustment of Status” based on an immigrant based visa so long as all of the requirements are met. See Employment Based Immigrant Visas (EB Visas).
The H-1B visa is considered a “dual intent” visa by the United States government. Essentially, this means that a foreign national may have the intent to work temporarily in the United States while simultaneously intending in the long term to immigrate to the United States. This allows foreign nationals currently working in the United States on an H-1B visa to apply for an “Adjustment of Status” from a nonimmigrant visa to an immigrant visa. Most nonimmigrant visa categories are not “dual intent” visas and thus those persons cannot apply for permanent residency while in the United States.
Contact San Diego Immigration Attorney Donald R. Oder for more information on dual intent visas.