I have H1B, filing for EB2. Will USCIS reckon my 5-yr stay in the US (H1B+LPR) for naturalization processing?

I am under H1B, on my 2nd year, and will be filed for EB2 in April. I plan to obtain US citizenship. Based on my own research, I understand that in order for me to obtain US citizenship from H1B status, I have to get a green card, stay five years in the US, in order for me to apply for US citizenship.

But I need clarification about some things that I heard from other people:

1. USCIS will reckon your legal length of stay in the US towards obtaining US citizenship, which includes my legal stay (physical presence) in the USA under H1B status. Is this true?

2. If the 5-yr physical presence in the USA under permanent residency is the only option in order to apply for US citizenship, will USCIS reckon the 5-year length of stay from the time a person gets an LPR approval, even if you haven't received your green card yet, to the time you apply for US citizenship? Or you really have to obtain physical green card, then count 5 years of stay here in the USA, before you could apply for US citizenship?

I hope someone will enlighten me on this matter. I would appreciate answers with valid information. If you can, please cite your source(s). Thank you so much for taking time to address my issues.

8 Answers

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  • ?
    Lv 4
    9 years ago
    Best Answer

    The residency requirement must be met during LPR status. Quoted from the USCIS website (caps mine)

    "You have been a PERMANENT RESIDENT for at least 5 years and meet all other eligibility requirements. See the “General Path to Citizenship” link under “Citizenship Through Naturalization” to the left."

    The physical presence test starts with the date on your green card. You can verify this regulation and find others by clicking on "I am a green card holder" and "I want to become a US citizen" in the menu drop boxes on the left side of the main page.

  • 9 years ago

    You must be a legal permanent resident for 5 years from the date on your green card to be eligible to apply for citizenship. Plan on those legalities taking about another year from the time you apply for naturalization before you actually receive your certificate of naturalization, if you are approved. So if you receive a green card by end-2011, you might get citizenship about 2017-18.

  • Sherry
    Lv 4
    4 years ago

    First, it is illegal to pay an employer to get you a visa. The employer has to pay all the application fees, etc. to get visas for their employees. The H1-b visas for fiscal year 2009 have already been allocated, and those who who receive them will be allowed to enter the US in October. No applications will start being processed until April 2009 for the Fiscal Year 2010 quota. Unemployment is rising in the US -- over 400,000 per week being laid off. It is becoming much more difficult for employers to prove that there are no Americans qualified for any openings they might have. Many body shops have had their H1-b visaholders on the bench since they arrived last October. They are not being paid, there is no work, and they are in violation of their visas and will have to return to their own country. Furthermore, employers are not renewing visas or are terminating visaholders outright. In either event, the visa is cancelled and the holder must return home immediately. The company has submitted your applications as agreed. You probably have nothing to complain about. As for the payment you made, did you pay the US company or a foreign employment agency? If you paid a foreign employment agency, there's nothing to be done about it. And how are you going to prove that the US employer demanded the money?

  • Lisa A
    Lv 7
    9 years ago

    No. You have to be on a GREED CARD for 5 years before you can apply for citizenship. Physical presence isn't enough. If it were, we would have the entire world sneaking across our borders and hiding out for years, rather than just the entire nation of Mexico doing it.

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  • 9 years ago

    1. No. 5 years requirement starts on the date of your green card approval.

    2. No. 5 years stay starts on the date of your green card approval. You obtain green card first and start 5 years from that day on.

  • 3 years ago

    Eb2 Uscis

  • Anonymous
    9 years ago

    Yes you file for citizenship 5 years after the issue of your greencard ... unless you marry a US citizen ... then its just 3 years

    http://www.uscis.gov/files/article/M-476.pdf

  • 3 years ago

    Uscis Eb2

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