After H-1B
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      1. The White Paper for F1 Students
      2. H-1B
      3. After H-1B

      H-1B to Green Card

      This article outlines the process of moving from H-1B to green card, covering timelines, key steps, and factors that affect the wait time.

      Since the H-1B visa allows for the immigrant intent, the process of transitioning from H-1B to a green card is not very complicated. There are many types of U.S. green cards, and H-1B visa holders typically apply for an employment-based green card (usually EB-2 or EB-3).

      Process of Transitioning from H-1B to Employment-Based Green Card

      For individuals born in India and mainland China, applying for an employment-based green card can take a prolonged waiting period. The process is as follows:

      1. Obtain PERM Labor Certification: This step confirms that there are no qualified U.S. workers available for the job position.

      2. Employer Submits I-140 Petition: The employer provides detailed information about the company and the labor certification.

      3. Receive Priority Date: Once the I-140 is approved, the applicant will receive a Priority Date and enter the queue for the I-485 adjustment of status application.

      4. Submit I-485 Adjustment of Status Application: When their Priority Date becomes current, the applicant can submit the I-485 application.

      5. Receive Green Card: After the I-485 is approved, the applicant will be issued a green card.

       

      What to Do If You Reach the 6-Year Limit Without Obtaining a Green Card?

      When the 6-year period of your H-1B visa is about to end and you have not obtained a green card yet, you can consider several options:

      • Extend the H-1B Visa: You may be able to extend your H-1B status if your I-140 green card application has been approved or if you have filed a PERM labor certification application at least 365 days before your H-1B visa expires. Typically, extensions are granted on a yearly basis until the green card process is completed.
      • Change Visa: If extending your H-1B visa is not possible, you might need to change to another visa. Options include applying for a student visa (F-1) and temporary work visas like L-1 or O-1.
      • Leave the U.S.: If the above options are not feasible, you will need to leave the U.S. After spending some time abroad, you may be eligible to reapply for an H-1B visa or other types of visas to return to the U.S.

       

      How Many Years Does It Take to Get a Green Card?

      The time it takes to transition from H-1B to a green card can vary greatly depending on several factors, including the type of green card, country of origin, and the employment-based green card category (EB-1, EB-2, or EB-3). Generally speaking, for nationals of countries with no backlog, the wait could be 1-5 years, while for individuals born in India or China, it could take up to 10 years or more. You can check the waiting time on USCIS's "Visa Bulletin."