Are you prepared to change your H1B visa so that you can obtain a US Green Card?
It’s possible that your long-term goal has been to remain in the country while seamlessly switching from an H1B to a Green Card.
Perhaps you obtained your immigrant visa to get job experience in the United States and are not yet prepared to establish permanent residence there.
Regardless of your motivation, continue reading to find out what the immigration law requires of the green card application procedure and what it takes to obtain permanent status. You’ll discover more about the H1B and Green Cards, as well as how to switch between them.
What is a Green Card?
An immigrant visa is a green card based on employment. Using employment-based green cards, immigrants can get legal permanent residence status in one of two ways:
First, you can apply for permanent residence by filling out the family sponsorship form if you already have family members living in the United States.
The second and more typical approach is to submit an employment-based immigrant petition for a green card. You can apply for a job position in the US if you have experience in a particular field.
The U.S. government categorizes the work-based processes for obtaining a Green Card into five groups:
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EB-1, EB-2, EB-3, EB-4, and EB-5
Types of Green Card Holders
Depending on why you are entering the US, there are various sorts of green card holders.
Family-sponsored
If you have relatives who are already residents of the US, you may be eligible to join them. This only applies to immediate family members who are already US citizens or lawful permanent residents, such as spouses, parents, siblings, or children.
Green cards are granted based on employment
If you are employed by a US company while still residing in your country of origin, your employer may sponsor your move to the US. With an employer-based green card, you are required to continue working for the company that sponsored you until the end of your agreement. You may work elsewhere once the contract’s conditions have been met.
Returning resident
You may apply for a returning resident green card if you previously held one but left the US for a year or more. You must, however, demonstrate that the circumstances behind your absence from the US were unavoidable, such as a family emergency or cultural obligations.
Green card lottery
The USCIS conducts a “green card lottery” every year, selecting 55,000 names of noncitizens who are eligible for green cards. Every year, the lottery receives up to 20 million applications for green cards.
What further employment visa types are offered?
The United States offers several different temporary foreign worker visas. Temporary worker visas for agricultural and non-agricultural workers, as well as trainee or distinguished education visitors, are among the options. If you are a professional athlete or entertainer from another country, you can also obtain a work visa.
Can I Apply for a Green Card If I Already Have an H1B Visa?
The H1B visa is a dual-intent visa, thus all H1B candidates are qualified to submit an application for a green card after their H1B has expired. When a work permit has dual intent, you have the choice to apply for a green card.
It will take some planning to transition from an H1B visa to a green card because the process is a little complicated. Before we begin the Adjustment of Steps approach, let’s go through everything you’ll need.
The H 1B to Green Card Application Process
Step 1: Submit a PERM Labour Certification application
Your employer must submit an application for PERM (Permanent Labour) labor certification on your behalf as the initial step.
Your employer will fill out this form to:
- Set a salary.
- Show that there are no suitable American candidates for the job.
- Complete the ETA 9809 form.
Step 2: Send the I-140 form in
File the I-140 form, generally known as the Immigration Petition for Alien Workers, after the PERM certification has been approved. You will be given a priority date by the United States Citizenship and Immigration Services (USCIS) once they have received your application form.
Step 3: Submit the Form I-148
The adjustment of status form, or I-148, is the last procedure. To proceed, you must submit Form I-148 to your neighborhood USCIS office. When your application is accepted, the customs office will stamp your passport to reflect your new status as a bearer of a Green Card.
H1B Green Card Process FAQs
How long will my H1B visa be valid?
The exploration date of your H1B visa is six years after the date of issuance. You have the option to either renew your visa, submit a green card application, or leave the country. You were given an I-94 document upon your first arrival in the country. You can find the precise date when your H1B expires on your I-94 card.
If you choose to work for the same business, you can adjust the expiration date of your H1B visa. The documentation for your USCIS approval will include the updated day. You can access your I-94 electronically by visiting the Customs and Border Protection database page.
How long will it take me to apply for a green card?
The duration of the process will vary depending on the phase. Be ready to wait for anything from six months to two years for your H1B green card to be processed.
It takes 6 to 18 months to complete the PERM Labour Certification.
Your priority date and country of origin affect whether your I-140 is approved.
How much would it cost me to apply for a green card?
Your company will contribute to the cost of your green card application if you have an H1B visa.
The employer is responsible for paying the legal costs, which typically range from $2000 to $5000. Either the employee or the employer must pay the application fees ($1070 for the I-485 and $580 for the I-140 respectively).
The real green card application procedure costs about $10,000 in total, with a portion of that burden falling on you as an employee.
What Is the Time Frame for Green Card Renewal?
It may take 1 1/2 months to 12 months to renew your green card. On the USCIS website, you can examine the current processing times.
Know the H1B to Green Card Procedure
You don’t have to go through the lengthy and intimidating green card transfer process by yourself. We can assist you in organizing your transition from an H1B visa to a green card if you have any queries or concerns that were not covered in this article.
At H1BVisaJobs, we specialize in giving immigrants the support and information necessary to successfully complete each step of the Green Card application process.
To start your transition from H1B visa holder to Green Card holder, get in touch with us right now.