H-1B Visa to Green Card: Process & Employment Status Guide

Getting to permanent residency in the U.S. is no small feat, especially when you’re working on an H-1B visa. If you’ve been through the process of navigating your H-1B visa application residence status, you know that the road to green card status can seem daunting. It might feel like a never-ending cycle of paperwork, deadlines, and waiting. 

But this doesn’t have to be a confusing journey. Understanding your H-1B visa application residence status and how it ties into the green card process is crucial for securing your long-term future in the U.S.

In this blog, we’ll break down the process in simple terms, helping you make sense of the H-1B visa application residence status and the steps you need to take to transition into lawful permanent residency. Stick with us, and you’ll see how these steps can lead to your permanent place in the U.S.

 

 

What is an H-1B Visa?

An H-1B visa is a nonimmigrant visa that allows U.S. companies to employ foreign workers in specialty occupations. If you’re currently in the process of applying for an H-1B visa, understanding your H-1B visa application residence status is essential for securing your position in the U.S. labor market.

The H-1B visa is designed for individuals working in fields that require specialized knowledge, such as IT, engineering, healthcare, and more. It allows qualified professionals to live and work in the U.S. for a temporary period.

1. Process and Requirements for Obtaining an H-1B Visa

• • • The employer must submit a Labor Condition Application (LCA) to the U.S. Department of Labor.
    • Once approved, the employer files an H-1B petition with U.S. Citizenship and Immigration Services (USCIS).
    • The petition should include your qualifications, job description, and proof of a U.S. employer-employee relationship.

2. Duration and Validity of the H-1B Visa
The H-1B visa is initially granted for up to 3 years, with the possibility of extending it for an additional 3 years. Your H-1B visa application residence status can be extended if the employer continues to sponsor you and all requirements are met.

3. Renewal Options and Maintaining Lawful Status Post-Expiry
If your H-1B visa expires and you’re still working with the same employer, you can apply for an extension. Maintaining a lawful status during this time is crucial for preventing unauthorized work.

Also Read: Getting a Green Card for H-2A Temporary Agricultural Workers

Benefits of Holding a U.S. Green Card

Once you’ve obtained your H-1B visa and have lived in the U.S. for a while, you might begin considering the next step: acquiring a U.S. Green Card. Understanding the benefits of holding a U.S. Green Card and your H-1B visa application residence status is important for your long-term plans.

Here are some key benefits of holding a Green Card:

1. Lawful Work and Residence on an Indefinite Basis
With a Green Card, you gain the right to live and work in the U.S. on a permanent basis. Unlike the H-1B visa, which is temporary, a Green Card provides you with the freedom to change jobs, start a business, or pursue different career opportunities without worrying about visa status.

2. Travel Freedom with Some Duration Limits
Green Card holders can travel outside the U.S. without the same strict limitations as those holding an H-1B visa. However, keep in mind that staying outside the U.S. for an extended period can affect your Green Card status. It’s crucial to maintain your residence in the U.S. to avoid jeopardizing your legal status.

3. Path to Citizenship and Eligibility for Sponsorship of Relatives
Holding a Green Card is a step toward becoming a U.S. citizen. After five years of permanent residency, you may be eligible to apply for naturalization. Additionally, as a Green Card holder, you can sponsor certain family members to live and work in the U.S. as well.

The process may seem overwhelming, but the rewards of permanent residence are worth it. At The Law Offices of Sweta Khandelwal, we’ve helped countless individuals navigate the intricacies of the transition.

5 Steps to H-1B to Green Card Application

The transition from H-1B status to a Green Card is a multi-step process that involves the collaboration of both the employee (you) and your employer. Here’s a more detailed look at the journey from H-1B to Green Card status.

Step 1: Employer Sponsorship

The first and most critical step in the process is obtaining employer sponsorship. If you’re working in the U.S. on an H-1B visa, your employer will need to initiate the Green Card process on your behalf.

This step starts with the PERM Labor Certification. The U.S. Department of Labor (DOL) requires employers to prove that they couldn’t find qualified U.S. workers for their positions. The employer must demonstrate their effort by advertising the job, reviewing applications, and interviewing candidates. This process ensures that U.S. workers are given preference before a foreign worker can fill the job.

Once your employer completes the recruitment process and no qualified/available/ willing U.S. workers are found, they file the PERM Labor Certification with the DOL. This crucial step provides the foundation for your Green Card application. Without it, the process can’t move forward.

Step 2: Filing the Immigrant Petition (Form I-140)

Once the PERM Labor Certification is approved by the Department of Labor, the next step in the H-1B to Green Card transition is the filing of Form I-140, Immigrant Petition for Alien Worker. This petition is filed by your employer with the U.S. Citizenship and Immigration Services (USCIS) to demonstrate your eligibility for a Green Card.

In this stage, the employer must prove two things:

• Job Offer Confirmation: Your employer needs to confirm that the job is still available for you and that you are qualified for it.

• Ability to Pay: The employer must show that they can pay you the offered wage as specified in the PERM process. If your job requires a specific skill set, your qualifications and work experience are reviewed to make sure you meet the requirements.

After your employer files Form I-140, the USCIS processes it and verifies that your qualifications match the job offer. Once it’s approved, you’re one step closer to your Green Card.

Step 3: The Importance of Priority Date and Visa Bulletin

A key component of the Green Card application is your priority date—the date your PERM Labor Certification is filed. This priority date becomes important when checking the Visa Bulletin, which is updated monthly by the U.S. Department of State. The Visa Bulletin shows when the priority dates for certain countries become current, meaning you can officially proceed with filing the final application.

Step 4: Adjustment of Status (Form I-485)

Once your priority date becomes current, you can proceed to Form I-485, Application to Register Permanent Residence, or Adjust Status. This is the final form you’ll file to transition from H-1B status to lawful permanent residency (Green Card status).

In this form, you will provide basic information, including:

• Your personal details (name, birthdate, address, etc.)
• Immigration history
• The details of your current visa status (H-1B)
• Your family members, if they are also applying for Green Cards (spouse, children, etc.)

At this stage, you’ll be asked to undergo biometric screenings (such as fingerprinting) and possibly attend an interview with USCIS. One key factor during this step is the Green Card interview. If your employer has completed all the steps properly and submitted all required documentation, the interview should go smoothly. Be sure to keep all records up to date and confirm that your employer has provided accurate filings.

Step 5: Approval and Green Card Issuance

The last step grants you lawful permanent resident status in the U.S., allowing you to live and work in the country indefinitely.

At this point, you no longer need to maintain H-1B visa status. Your H-1B visa application residence status transitions to permanent resident status, and you can begin living with fewer restrictions.

Also Read: Transition from L1B Visa to EB1C Green Card: A Step-by-Step Guide

Green Card Options to Explore After H-1B

After holding an H-1B visa for several years, many individuals look toward securing a Green Card as the next step in their journey toward permanent residence in the U.S. The good news is that there are several pathways for H-1B visa holders to apply for a Green Card. Here are some of the most common options you can explore after your H-1B visa:

1. Employment-Based Green Card Categories

One of the most popular routes for H-1B visa holders to transition to a Green Card is through employment-based Green Cards. There are different categories, also called preference levels, based on your job type, qualifications, and the employer’s ability to sponsor you.

• EB-1 (Priority Workers): This category is for individuals who have extraordinary abilities in fields like science, arts, education, business, or athletics or for outstanding professors, researchers, or multinational executives and managers. If you’re in a top-tier job and can prove exceptional skills or achievements, you may qualify for this faster route.
• EB-2 (Advanced Degree Professionals): If you have an advanced degree (or the equivalent) or if you can prove exceptional abilities in a specific field, you might be eligible for the EB-2 category. This is often used by professionals in fields such as engineering, medicine, and IT.
• EB-3 (Skilled Workers, Professionals, and Other Workers): This is for professionals with a U.S. bachelor’s degree or foreign equivalent, skilled workers with at least two years of experience, and unskilled workers in positions that require less than two years of experience.

Each of these categories has different processing times and requirements. Typically, the EB-1 category has the fastest processing times, while EB-3 might take longer due to higher demand. Understanding these preference levels can help you set realistic expectations regarding the timeline for your Green Card approval.

2. The Diversity Immigrant Visa Program (DV Program)

The Diversity Immigrant Visa Program, often called the DV Lottery, is another potential Green Card route for H-1B visa holders. This program offers up to 50,000 immigrant visas annually through random selection among people from countries with low rates of immigration to the U.S.

If you’re selected in the lottery, you can apply for a Green Card through consular processing or, in some cases, apply for an adjustment of status if you’re already in the U.S. While the odds of winning the lottery are relatively low, it’s still an option worth considering.

The DV Program is especially useful for those from countries with high demand for Green Cards, like India or China, where waiting times for employment-based Green Cards can be long.

We specialize in guiding clients through their Green Card journey, ensuring the best possible outcome. Contact the Law Offices of Sweta Khandelwal to explore the most suitable path to secure your Green Card today!

Timeline and Considerations for Your Green Card Application

Here’s what you need to know about how long it typically takes and what could impact the timeline:

1. Typical Processing Times for the Application

The Green Card application process for H-1B visa holders typically spans several months to years, depending on various factors, including the employment-based category you qualify for, the country you’re from, and whether the required petitions are approved without delays.

• Form I-140 (Immigrant Petition for Alien Worker): After the PERM is approved, your employer will file Form I-140, which can take anywhere in average of 26.5 months for processing. Some applicants may qualify for premium processing, which expedites the approval to about 15 business days.
• Form I-485 (Adjustment of Status): This is the final step to becoming a permanent resident, which could take an average of 24 months, depending on the service center handling your case and your background check status.

Altogether, the total time to secure a Green Card from H-1B status might range from about 1 to 3 years or longer, particularly if you’re from countries with high demand, like India or China.

2. Factors That Can Affect the Timeline

Factors like errors in your paperwork, missing documents, or complex background checks can lead to delays. Be sure to submit a complete application and work closely with your employer or attorney to avoid delays. Understanding these factors will help you manage your expectations and plan for potential hurdles along the way.

3. Travel and Employment Considerations During Processing

While your Green Card application is pending, it’s essential to know how travel and employment affect your status:

• Travel: If you’re on an H-1B visa, you can still travel outside the U.S. while your Green Card application is being processed. However, if your application is in the Adjustment of Status stage (Form I-485), leaving the U.S. without the proper travel document, like Advance Parole, can result in abandoning your application.
• Employment: You must remain employed by the same employer who filed your Green Card petition. If you change employers, you might need to restart the process. However, there are exceptions for certain cases, like Portability under the American Competitiveness in the 21st Century Act (AC21), which allows you to change jobs without jeopardizing your Green Card application if your I-485 has been pending for over 180 days.

The most important thing during this time is to maintain lawful status and avoid making decisions that could complicate your Green Card process.

Also Read: EB1C Green Card Guide for Managers and Executives: Documentation and Requirements

Frequently Asked Questions

•  What happens if my H-1B visa employment is terminated?

If your employment is terminated, either voluntarily or involuntarily, you may still have options to stay in the U.S. beyond the 60-day grace period. You may look for a new employer who can file an H-1B petition on your behalf, apply for a change of status, or request a new nonimmigrant status while maintaining lawful status. It’s important to act promptly to ensure you maintain your H-1B visa application residence status.

• How do I maintain my H-1B status while waiting for my Green Card?

Maintaining your H-1B status while transitioning to a Green Card requires you to keep working for your sponsoring employer, as your H-1B status is tied to that specific employer. If there’s a gap in employment or a change in your work situation, it could jeopardize your H-1B visa application residence status.

Additionally, if your H-1B petition expires or you need an extension, make sure your employer submits the necessary paperwork in time to avoid falling out of status.

•  What are the consequences of leaving the U.S. while my H-1B petition is pending?

If you leave the U.S. while your H-1B petition is still pending, it can lead to complications. Your change of status request will be considered abandoned, and your petition will be processed as a consular case. This means you will need to apply for an H-1B visa at a U.S. consulate abroad and re-enter the country under that status.

• What should I do if my H-1B to Green Card application gets denied?

If your H-1B to Green Card application is denied, there are options to appeal the decision. The case may be reviewed by several entities, including the officer who made the initial decision, the Administrative Appeals Office (AAO). This process can be complex and time-consuming, but it’s not the end of the road.

If you’re unsure of where you stand in the process, Contact The Law Offices of Sweta Khandelwal for a consultation to help you navigate these stages.

 

 

Conclusion

The journey from an H-1B visa to a Green Card can be long and filled with challenges, but with the right guidance and planning, it’s entirely achievable. Understanding the key steps and making smart decisions about your travel is crucial to successfully achieving your immigration goals.

Timing, attention to detail, and having a trusted partner, like The Law Offices of Sweta Khandelwal, can make all the difference. Contact the Law Offices of Sweta Khandelwal or Sweta Khandelwal directly to discuss how we can assist you through each phase of your journey. Our team is dedicated to helping you achieve your dream of becoming a U.S. permanent resident.

Disclaimer

Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.