As one of the United States’ most popular work visas, the H-1B visa is in high demand. It’s valid for six years, which may seem like quite a while when the visa first gets approved. However, someone who intends to transition from this visa to a green card should plan well in advance, to ensure that their residency status doesn’t lapse while they’re waiting on their green card application to be approved.
The process of becoming a permanent resident of the United States takes a lot of work no matter which visa you qualify for. Some people with H-1B visas decide to apply for a green card because they’ve found love in the US, and hope to make the country their home. Going from an H-1B to green card through marriage is perfectly legal (provided the marriage is legitimate). It’s just important to make sure that the petitions are drafted perfectly and supported with compelling documentation of the marriage. If this marriage based green card application is not completed properly and you did not maintain proper H-1B status, you could unnecessarily accrue unlawful status and lose the ability to work for many months.
So, how does the process work? Below you’ll find an overview, which can help you start the process of getting from an H-1B visa to a green card.
What happens if your H-1B status expires before you get a green card?
This is a tricky situation under any circumstances, but there are a couple of exceptions that could allow you to extend your H-1B status. According to USCIS regulations, people who meet these criteria can request to extend an expired H-1B visa:
- If you aren’t the subject of deportation or removal (you haven’t violated your non-immigrant status)
- If extraordinary circumstances kept you from filing a timely extension request
How long does it take to get from an H-1B visa to a green card based on your employer sponsoring you?
This can vary widely, but it’s safe to say that it usually takes quite a while. Each step can take from months to years, which is why planning ahead is so important. Here’s the breakdown of approximate timelines for each stage of the process.
- For a PERM certification, wait times are anywhere from six to 18 months.
- For the approval of Form I-140, you’ll have to wait for your priority date to become current; this varies widely depending on which country you’re from. For some, there’s practically no wait time at all. For others, wait times last nearly a decade. If this last example is where you find yourself, your H-1B visa will have to be extended in the meantime so you don’t end up with a lapsed visa status.
- For the approval of Form I-485, wait times are roughly 12 to 22 months, and this time is subject to change all the time.
As you can see, each one of these steps either takes quite a while, or has the potential to do so. To avoid complications or setbacks, don’t assume that your green card will be approved within a certain time frame; instead, give yourself plenty of time. If for some reason your application is rejected, you’ll still have H-1B visa status, and the option to pursue a Plan B without an expired visa getting in the way.
How much does it cost to go from an H-1B visa to a green card?
The costs associated with this process are fairly high, but you won’t be expected to pay all of them. For example, your employer will cover the fees for PERM certification, which are between $2,000 and $7,000. The filing fees for forms I-140 and I-485 will run north of $1,700, and may be covered by your employer if that’s part of your arrangement.
The bulk of the cost usually comes from lawyer’s fees, which can be several thousand dollars. However, most applicants think it’s well worth the expense for assistance navigating the process.
Applying for a green card as an H-1B visa holder
Although there are plenty of details to take care of, the process boils down to just three main parts.
- Your employer will have to apply for PERM Labor Certification
- You’ll have to submit Form I-140
- Then, you’ll have to submit Form I-485
It’s vital that you don’t wait until your H-1B visa is about to expire before you start the green card application process. Why? Because the purpose of Form I-485 is to adjust your status from H-1B visa holder to green card holder. However, if your H-1B visa has expired by the time you get to this stage of the process, you won’t have any status to change. This generally results in the USCIS turning down the application, meaning you may be left to figure out your visa status from scratch. By starting the green card application process as early as possible, you can avoid a lot of potential complications.
Step #1: PERM Labor Certification
This step is actually the responsibility of your employer, not your own. This certification requires the company to complete several steps.
- Establish the current wage for the position you hold, and set your salary at that amount.
- Recruit other potential candidates for your job, and demonstrate that none of them are as qualified as you are. The recruitment process has to include posting with the state’s workforce agency, two job postings in a Sunday paper, and three other advertisements.
- Lastly, fill out the ETA 9809 form.
Step #2: Form I-140
The Immigration Petition for Alien Worker, or Form I-140, should be filed as soon as the PERM certification is approved. When the form is received by the USCIS, you’ll be issued a priority date; once you reach this date, you’ll be able to complete the next step.
Step #3: Form I-485
The next step is to submit an adjustment of status, or Form I-485, to the USCIS. Since this is the last step in the process, an approval means that you’re officially a permanent resident of the United States. Your passport will be stamped to denote this, and you’ll also be sent a physical green card shortly afterwards.
The takeaway
Going from an H-1B visa to a green card is a long process, but with the right preparation and forethought, it can be completed without unnecessary complications.
