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On H1B Visa to green card

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  • On H1B Visa to green card

    A Canadian on a H1B visa has been employed for 1 half years through a company who sponsored him and he would like to apply for his green card personally. His previous lawyer said he can get an automatic green card but I'm not too sure! As I remember you had to be employed for 5 years continuously, however that may have changed.

    He also has a case pending for a family based green card, (sibling sponsorship) this of course takes around 10 years to process!!

    Can anyone tell me if he can go ahead and apply for a green card based on his duration here or does he have to wait to qualify. His wife and 2 children are here under his visa too.

    Thank you for any help you can give.


  • #2
    He can ask the U.S. employer as a sponsor for his Green Card application. He does not have to be employed for 5 years to apply for US green Card.

    The first step for him may be the PERM Labor Certification application. Please see