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From H-1B Visa to Green Card: Break Down

By February 6, 2024March 22nd, 2024No Comments

If you’re an H-1B visa holder aiming to transition to a Green Card in the United States, understanding the process is essential. Let’s explore the key steps involved in this journey.

The H-1B Visa Overview

The H-1B Visa program is designed for international students who have completed their higher education in the United States and wish to work in the country. It allows U.S. employers to hire international talent with specific skills and a university degree.

The H-1B visa is a nonimmigrant work permit, allowing foreign workers to temporarily work and reside in the U.S. for up to six years. It is known for its relative ease and speed compared to the standard Permanent Resident Card application process.

Transitioning from H-1B to Green Card

Transitioning from an H-1B visa to a Green Card is a straightforward process involving these key steps:

Step 1: Secure Employer Sponsorship

Initiate the journey by securing sponsorship from your employer, as you cannot obtain an employment-based Green Card without their support. In many cases, your current H-1B sponsor can also sponsor your Green Card, but ensure your position aligns with Green Card requirements.

Step 2: PERM Labor Certification

Your employer begins the process by initiating the PERM Labor Certification. This step determines your future wage and position within the company, aligning with Green Card requirements. Completing this step is crucial to advancing in the Green Card process.

Step 3: File Form I-140

After PERM Labor Certification approval, your employer files Form I-140, which demonstrates to USCIS that they can fulfill the commitments outlined in the PERM Labor Certification, including financial stability. A waiting period follows, with a priority date assigned.

Step 4: File Form I-485

Form I-485, also known as the ‘Green Card’ form, is the final step. Once approved, it grants you permanent resident status.

H-1B to Green Card Timeline

The timeline for transitioning from H-1B to Green Card typically takes up to six months under normal conditions. However, individual circumstances can cause variations. Initiating the application process early is advisable to avoid potential delays.
At Jeelani Law Firm, we specialize in immigration law and are here to assist you throughout the journey. Whether you’re considering transitioning to a Green Card or need other legal assistance, trust Jeelani Law Firm for your legal needs.

Your path to permanent residency in the United States starts with us. Contact Jeelani Law Firm today.

Jeelani Law Firm, PLC

JEELANI LAW FIRM, PLC is regarded as one of the top immigration law firms in the industry. We handle all immigration matters including family based adjustment of status/green card cases, citizenship filings, representation of businesses and employees when filing L1A/B Petitions, H1B petitions, and Permanent Labor petitions. Our firm also litigates immigration cases dealing with delayed adjudications as well as appellate matters before the U.S. Federal Courts, U.S. Immigration Courts, USCIS and the BIA. Given the complex nature of immigration law, inexperience can lead to many mistakes which may result in delays, denials, and loss of filing fees and valuable time. Contact our office and we will take care of the rest.