Foreign professionals can come to the U.S. for up to 6 years with an H-1B work visa which is temporary. Although temporary, it’s one of the main ways to get a Green Card (the U.S. permanent residency). The process of changing from H-1B to a Green Card can take multiple years. Below is a description of the timeline and every step you need to follow.
Step 1: Start Early (Years 1–2 of H-1B)
Why: The Green Card process can take several years depending on your country of origin and employment-based category. Begin early—ideally in your first or second year of H-1B status.
Tip: If your Green Card is not filed before the 6-year limit, you may have to leave the U.S., unless extensions are granted.
Step 2: PERM Labor Certification (6–12 months)
What: The employer must get a PERM labour certification from the U.S. Department of Labor.
Timeline:
Prevailing Wage Determination: 2–3 months
Recruitment Process: 2–3 months
Filing and Approval: 3–6 months
Note: PERM is not required for all categories (e.g., EB-1, NIW under EB-2).
Step 3: I-140 Immigrant Petition (6–9 months)
What: After PERM is approved, the employer files Form I-140 with USCIS.
Timeline:
Standard processing: 6–9 months
Premium processing: 15 calendar days (for additional fee)
Tip: Filing I-140 also establishes your priority date, which determines when you can move to the final step.
Step 4: Wait for Priority Date to Become Current (Varies)
What: Your priority date must be current in the Visa Bulletin to proceed.
Timeline:
EB-2/EB-3 from India or China: Can take several years
Other countries: Often 1–2 years
Tip: Keep checking the Visa Bulletin monthly.
Step 5: File Form I-485 (Adjustment of Status)
What: Once the priority date is current, file Form I-485 to adjust your status to permanent resident.
Timeline:
Processing Time: 8–15 months
You will receive a biometrics appointment, and possibly an interview.
Tip: You may apply for EAD (Employment Authorization Document) and Advance Parole while waiting.
Step 6: Green Card Approval
What: If approved, you will receive your Green Card (Form I-551), giving you lawful permanent resident status.
Timeline: Approval can come within a few weeks after I-485 approval.
Visit https://helpingreencard.com/ for the most recent information, assistance, or more thorough instructions on how to apply for a green card outside of the United States. We are available to assist you at every stage.
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