If my husband is a green card holder and files a spouse petition for a green card, can I still get H1B through employment?

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If my husband is a green card holder and files a spouse petition for a green card, can I still get H1B through employment?

My husband is legal resident and I’m a foreign citizen (Latvia). If he files a petition for me to get a green card through family, would it be legal if after filing the petition I’d get employment sponsorship/get H1B through employment in order to stay in the US while waiting for the family based green card? If it’s ok, does it make it harder to get H1B if family based petition for green card is filed?

Asked on April 6, 2012 under Immigration Law, Massachusetts

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you should be eligible for a H-1B even if you have a pending I-130 on your behalf.  However, you must be in the US lawfully in order to qualify for the H-1B if you plan to change status within the US.


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