Can an H-1B alien apply for permanent residency from an H1-B Visa?
Yes. If the employer files a permanent labor certification with the Department of Labor 365 days before the expiration of the maximum allowed time (six years) of your H-1B status, the employee can remain in the same work extending the work visa in increments of one year at a time until you get your permanent residence. An H-1B alien can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward lawful permanent resident status without affecting H-1B status. During the time the application for legal resident is pending, the alien may travel on his or her H-1B visa without obtaining an advance parole to return to the U.S.
