H1B Visa to Green Card Process Steps (2019)
- Step 1: Apply for PERM Labor Certification. The first step is for your employer to apply for a Permanent Labor (PERM) certification.
- Step 2: Submit Form I-140.
- Step 3: Submit Form I-485.
What if my H-1B expires before green card?
Once your H-1B expires, you still have legal status to remain in the country even though you no longer have H-1B status. By filing the I-485 application, U.S. law grants you lawful status as an adjustment applicant. However, merely applying for your green card does NOT give you work or travel authorization.
How long does H1B to green card take?
Be prepared to spend anywhere between 6 months to 2 years transitioning from an H1B to a green card. The PERM Certificate takes 6 to 18 months. Your I-140 approval depends upon your priority date and your country of origin.
Can a H-1B visa holder move to a new employer?
Under the H-1B Portability Rule, an H-1B visa holder can change employers and start working for the new employer the day USCIS receives the new employer’s H-1B transfer petition. This new petition must be filed before the H-1B holder’s visa expires.
What to do if you cannot find an exempt H-1B employer?
There are alternatives if you cannot find a cap-exempt H-1B employer yet are currently on H-1B status. An H-1B transfer allows individuals with H-1B visa status, or previous H-1B visa status, to transfer to a different employer.
Who are H-1B cap exempt candidates and employers?
Those are petitions filed on behalf of cap-exempt candidates and those filed by cap-exempt employers. Who are H-1B Cap Exempt Candidates? If you have previously been granted an H-1B cap exemption then, according to USCIS guidelines, you will not be subject to the cap.
When to submit H-1B cap registration notifications?
USCIS is expected to complete sending notifications by March 31. Those selected will have until June 30 to submit their petition with the necessary paperwork. Submission requirements are included in the H-1B cap Registration Selection notice PDF received by the selected petitioners or their attorneys.
