The process of switching from an H-1B visa to a Green Card is one of the most important steps that is essential for skilled professionals to build a permanent life in the USA. It is a multi-stage process that starts with employer sponsorship and ends with approval of the issued Green Card. In this guide, we will explain the process of moving from H-1 to Green Card status, including eligibility criteria, timelines, and critical steps to ensure a smooth transition.
What You’ll Learn in This Guide:
✔ What is the H1B visa to Green Card process?
✔ Green Card categories and eligibility
✔ Explanation of the process — step by step
✔ Processing times and documents needed
✔ Problematic cases and how to solve them
Let’s get started! 🚀
What Must H-1B Visa Holders Do to Get a Green Card?
A Green Card (Permanent Resident Card) enables an individual to live and work permanently in the U.S. The most common way to transition from an H-1B to a Green Card is through employment-based sponsorship.
Can You Apply for a Green Card on an H-1B?
✔ Yes! H-1B is a dual intent visa; therefore, you can concurrently apply for a Green Card while working in the U.S.
Green Card Categories for H-1B Workers
The majority of H-1B visa holders file for a Green Card in the employment-based (EB) categories:
| Green Card Category | Who Qualifies? |
| EB-1 (Priority Workers) | Executives, exceptional professors/researchers, individuals of extraordinary ability |
| EB-2 (Advanced Degree/Exceptional Ability) | Workers with master’s or higher degrees (or equivalent experience) |
| EB-3 (Skilled Workers/Professionals) | Bachelor’s degree holders or those with 2+ years of experience |
📌 The majority of H-1B holders file under the EB-2 or EB-3 category because this is appropriate for specialised skill positions.
Related – H-1B Visa Application Guide
Step-by-Step H-1B to Green Card Process
There are several key steps involved in the process of transitioning from an H-1B visa to a Green Card. The process begins with PERM Labour Certification (employer sponsored by company), then an I-140 Immigrant petition is filed. After approval, the applicant may now file an I-485 Adjustment of Status when the priority date is current. This is a multi-stage process that involves careful negotiation, legal expertise, and timely documentation.
Step 1: Employer Sponsorship (PERM Labour Certification)
✔ Your employer starts the Green Card application.
✔ They need to show that no qualified American workers are available for your role.
📌 PERM Labour Certification Steps:
- Prevailing Wage Determination (PWD) – Employer files request to DOL (Department of Labour) for wage determination.
- Job Advertisement Posting – The employer must advertise the position to U. S. workers for the specified timeframe.
- Filing Form ETA-9089 – Upon confirmation that there are no available, willing and able U.S. workers, the employer prepares and submits a PERM application to the DOL.
📌 PERM Processing Time: 6-12 months
Step 2: Fill out Form I-140 for ‘Immigrant Petition for Alien Worker’
After receiving PERM approval, your employer submits Form I-140 to USCIS to classify you as an immigrant based on your employment.
📌 Key Requirements for I-140 Approval:
✔ The employer has to demonstrate they can afford your wage
✔ The work must be permanent and full-time.
📌 Processing Time: Around 6–8 months, or just 15 days if you opt for Premium Processing (for an extra $2,500).
Step 3: Waiting for the Priority Date to Become Current
✔ What is a Priority Date?
- Your priority date is the date that your PERM Labour Certification is filed.
- Depending on your category of Green Card and your country of birth, you are subject to waiting for the number of visa to be available.
✔ Visa Bulletin
- USCIS posts the Visa Bulletin, which reflects processing times per category per month.
- Then, if your priority date is current, you can continue to the next step.
📌 Backlogs for Indian & Chinese Applicants
- Visa backlogs for the EB-2 and EB-3 categories for India & China often mean long wait times (several years).
- The ROW (Rest of the World) applicants typically have much shorter wait times.
Step 4: Apply for Adjustment of Status with Form I-485, or go through Consular Processing
When your priority date becomes current, you will be able to apply for a Green Card through one of the two possible methods:
Option 1: Adjustment of Status (Form I-485) – If You Are in the U.S.
✔ Submit Form I-485 with USCIS to apply for permanent resident status.
✔ This lets you remain and work in the U.S. while your case is pending.
✔ You can also apply for:
- Advance Parole (Travel Permit) (Form I-131)
- EAD (Employment Authorisation Document) (Form I-765)
📌 Processing Time: 12-24 months
Option 2: Consular Processing – If You Are Outside the U.S.
✔ Apply for a Green Card interview at an embassy in your home country.
✔ If you’re approved, you are given an immigrant visa to enter the U.S.
📌 Processing Time: 6-12 months
Step 5: Receive Your Green Card
✔ Your Green Card will be mailed to you upon USCIS approving your I-485 or Consular Processing.
✔ Congratulations! You are now a United States Lawful Permanent Resident!
Timeline Overview: H-1B to Green Card – Anywhere from 1 to 10 years, depending on your category and how backed up the system is.
Common Challenges & How to Overcome Them
Here are some of the prevalent challenges and how you can beat them.
1. Long Wait Times for Certain Countries
✔ EB-2 and EB-3 become severely backlogged for both India and China.
✔ Continue with EB-1 (if you are eligible), or look for a new visa (O-1, EB-5 Investor Visa, or Marriage-Based Green Card).
2. Employer Refuses to Sponsor Green Card
✔ Employers do not want to incur legal and financial obligations associated with a PERM application
✔ If you switch employers, your new employer can file to transfer your H-1B if the new company is willing to sponsor your Green Card.
3. Job Change During the Green Card Process
✔ Change the employer under the AC21 Portability Rules if I-140 is approved and I-485 has been pending for 180+ days.
Check Out – Complete Process of H-1B Visa
Step 6: Understanding Processing Times & Delays
Long waiting times remain one of the biggest challenges H-1B visa holders face when applying for a Green Card, particularly for those from India and China, where visa backlogs may extend to years.
How Long Does the H-1B to Green Card Process Take?
| Step | Processing Time |
| PERM Labour Certification | 6-12 months |
| I-140 Petition Processing | 6-8 months (15 days if you are doing Premium Processing) |
| Priority Date Must Become Current | Varies (1-10+ years) |
| I-485 Adjustment of Status or Consular Processing | 12-24 months |
| Total Time for Green Card | Between 2–15 years (country of birth and category dependent) |
📌 Key Factors That Affect Processing Time:
✔ Country of Birth: India and China’s EB-2 and EB-3 categories have long wait periods.
✔ Green Card Category: EB-1 applications are faster than EB-2 and EB-3.
✔ Employer Delays: Some employers take a long time to file the PERM or I-140 applications.
What Can You Do to Expedite the Process?
✔ Review the Visa Bulletin each month to determine whether your priority date is current.
✔ Request your employer to file for EB-1 (if qualified) so that you do not need to wait long.
✔ File I-140 with Premium Processing to get approvals quicker.
Step 7: Changing Jobs During the Green Card Process (AC21 Rule)
Many H-1B workers might ask, “Can I switch jobs while waiting for my Green Card?
The answer is YES – but only if certain conditions are met.
Changing Employers After I-140 Approval (AC21 Portability Rule)
✔ If you switch jobs and your I-140 petition is approved and your I-485 is effectively pending for 180+ days, you will retain your Green Card process.
✔ You must take a new job in the same or a similar field as your original job.
✔ You don’t lose your place in line; your priority date remains intact.
📌 Example:
If you are working as a software engineer and you switch over to a different software engineering position with another employer, you can transfer the Green Card process to this new employer without having to restart the entire application process.
Changing Jobs Before I-140 Approval
🚫 Not recommended. If you change jobs before I-140 approval, your employer can withdraw the application, and you need to start the process over with your new employer.
What Happens If Your Employer Withdraws Your I-140?
✔ If I-140 is approved for 180+ days, you can retain that priority date and use it with another employer.
✔ If the I-140 is withdrawn within the 180 days, you risk losing your priority date and may need to begin the process all over.
📌 Tip: If you want to change jobs, collaborate with an immigration lawyer to ensure the transition is as seamless as possible.
Step 8: Green Card Interview & Final Approval
Do All Green Card Applicants Need an Interview?
✔ Employment-based Green Cards may require an interview with USCIS.
✔ Family-based Green Cards have more interview density than H-1B workers.
What Happens in the Green Card Interview?
✔ You will be asked questions about:
- Your job, employer and qualifications
- Your immigration history (previous visas, travel here, etc.).
- Your plans to live and work permanently in the U.S.
✔ Documents You Must Carry for the Interview:
- Form I-485 Receipt Notice
- Passport and Work Authorisation Documents
- Employer Job Offer Letter & Pay Stubs
- Medical Exam Report (Form I-693)
📌 Tip: Just be honest and fill it out accurately to avoid delays or denials.
Final Steps: Receiving Your Green Card
✔ If you are successful with your interview, within 1-3 months, you will receive your Green Card in the mail.
✔ Congratulations! 🎉 You are now a U.S. Permanent Resident.
Alternative Green Card Options for H-1B Holders
If you are experiencing a prolonged wait due to backlogs or your sponsor is not giving you a Green Card, consider the following alternatives:
1. EB-1 Green Card (For Extraordinary Ability & Managers)
✔ Processing is faster than EB-2 and EB-3.
✔ Offered to top professionals, executives and researchers.
2. EB-5 Green Card (Investor Visa)
✔ Requires an investment of $800,000+ in a U.S. business.
✔ Quicker Green Card approval than EB-2/EB-3 backlogs.
3. Marriage-Based Green Card
✔ Marrying a U.S. citizen allows you to apply for a family-based Green Card (it’s quicker than employment-based processing).
FAQs About the H-1B to Green Card Process
Q1. How long does it take to get a Green Card from an H-1B?
Ans:- 2-15 years, based on your country of birth and Green Card category.
Q2. Can I apply for a Green Card without my employer?
Ans:- No, unless you qualify for:
- EB-1 (Extraordinary Ability Green Card)
- EB-5 (Investor Visa)
- Marriage-Based Green Card
Q3. Can I change jobs while my Green Card is being processed?
Ans:- Yes, conditioned upon your I-485 being pending for at least 180 days and your new position being a reasonable match to your previous role.
Q4. What happens if my employer withdraws my I-140?
Ans:- Here’s what will happen when your employer withdraws the I-140:
✔ You retain the priority date if your I-140 gets approved for 180+ days.
✔ If you withdraw the application before 180 days, you might have to submit a fresh petition with a new employer.
Q5. Can I travel while my Green Card application is pending?
Ans:- Yes, but you must be granted Advance Parole (Form I-131) before you can be allowed back in the U.S.
Q6. Can my spouse work while I wait for my Green Card?
Ans:- Yes! If your I-140 is approved, your H-4 spouse can file EAD (Work Permit).
Q7. What happens if my priority date is delayed?
Ans:- You need to wait for your priority date to be current on the Visa Bulletin before filing for adjustment of status.
Final Thoughts: Successfully Transitioning from H-1B to Green Card
✔ Begin your Green Card process early (ideally within your 4th year on H-1B)
✔ Check the Visa Bulletin each month to see where your priority date stands.
✔ Switch employers only if job portability qualifies under the AC21 rules.
✔ Consult with an immigration attorney for a seamless application process.