The process of shifting from an H1B to Green Card is a big step towards attaining the ultimate goal of a green card in the United States. This guide offers a simple roadmap of the process, who is eligible, when and how it can be done. Whether you are an H1B visa holder, Green Card holder, or lawyer seeking your immigration this resource makes the process to get Green Card easier.
Benefits of a US Green Card
Holding a Green Card comes with numerous advantages:
- Permanent Residency: You can permanently reside in and perform employment in the United States without further authorization.
- Travel Flexibility: A Green Card holder can travel to and from the US without any problem, although there are some restrictions regarding prolonged stays outside the country.
- Path to Citizenship: It usually takes five years, after which you can apply for US citizenship.
- Family Sponsorship: You can apply for Green Cards on behalf of an eligible relative or family member to obtain Green Cards on their behalf.
However, the process of acquiring a green card is a complex and lengthy one and has no assurance of a successful result and adequate planning and concentration.
H1B Visa Expiry Rules
H1B visas are granted initially for up to three years with an option of three-year extension thus making it to a maximum duration of 6years. To remain in the US beyond this period, you must:
- Renew your visa.
- Apply for another visa type.
Apply for a Green Card.
As much as your Green Card application is pending, there is likelihood that you will have legal stay even if your H1B visa has expired. Otherwise, you can be eligible for an extension if you have filed an approved I-140 petition but are waiting for your priority date.
Eligibility for a Green Card
There are family based Green Cards, employment-based Green Card and others which are specific category Green Cards. For H1B visa holders, the focus is typically on employment-based Green Cards:
EB-1: First Preference Workers
- Talented people in the field of sciences, arts, education, trade, and commerce or sportspersons.
- Teacher/scholar/instructor with exceptional performance.
- Multinational executives or managers meeting specific criteria.
EB-2: Second Preference Workers
- Professionals with advanced degrees.
- Individuals with exceptional ability in the sciences, arts, or business.
- Applicants seeking a national interest waiver.
EB-3: Third Preference Workers
- Skilled workers requiring at least two years of training or experience.
- Professionals requiring a bachelor’s degree.
- Unskilled workers performing jobs requiring less than two years of training.
Other categories include EB-4 for religious workers and certain government employees and EB-5 for investors meeting specific requirements.
Steps to Transition from H1B to Green Card
Step 1: Secure Employer Sponsorship
Though, to apply for an employment based Green Card, you can not do so on your own initiative, you need a sponsor that can be your employer. This could be with your current H1B employer or with another employer all together. It begins with the employer’s filing of a PERM Labor Certification.
Step 2: PERM Labor Certification
The employer must:
- Submit a request to the Department of Labor (DOL) and get a prevailing wage determination.
- Post the job to screen US workers and show the employer that no suitable candidates can be found.
- Make sure that you complete the Form ETA 9089 before submitting it to the DOL.
Step 3: File Form I-140 (Immigrant Petition for Alien Worker)
After PERM approval, the employer must submit Form I-140 to the USCIS to show the employer’s ability to sponsor the worker with the offered wage. The date on which you apply becomes your priority date.
Step 4: Adjustment of Status (Form I-485)
You can file Form I-485 to adjust your status as soon as the priority date become current. They will request disclosure of information about your work experience and education, immigration history, and personal data.
- Attend a biometrics appointment.
- Respond to any additional USCIS requests.
- Attend an interview, if required.
Step 5: Await Decision
After completing the above steps, you will be notified of the decision of the USCIS. If approved, you will be issued with your Green Card. If refused, you can appeal or reapply depending on the circumstances that led to the refusal.
Timeline for the H1B to Green Card Process
The timeline generally differs depending on the Green Card category, priority date, and completion time. In the majority of the cases, to obtain an employment based Green Card it takes 1 – 3 years. Nevertheless, in some categories time can be longer.
Practical Tips for a Smooth Process
- Plan Ahead: It is advisable to begin the Green Card process long before your H1B visa expires.
- Keep Documentation Ready: Update employment records, immigration status and other personal information records appropriately.
- Stay Informed: Keep abreast to changes in the movement of priority dates on the Visa Bulletin.
- Consult Experts: Seek legal advice from immigration attorneys or advisors if you are facing this situation.
Need Help?
It is not a smooth journey to experience the transition between H1B and the Green Card. For more information, or for help with your application, seek the advice of a licensed immigration lawyer to meet all eligibility standards, and to improve your chance of approval.
FAQs
1. Can I change employers while applying for a Green Card?
Yes, but it may affect your Green Card application. Ensure your new employer is willing to sponsor you and follow the necessary steps.
2. What happens if my H1B expires before I receive my Green Card?
You may qualify for extensions or maintain lawful status if your Green Card application is pending.
3. Is an interview always required for a Green Card?
Not always. USCIS determines the need for an interview based on individual cases.
With knowledge of the procedures and the necessary preparations, the change from an H1B visa to a Green Card can be a relatively easy and effective process. Begin before time, plan well, and if you are uncertain about something, consult an expert.
