H-1B to Green Card: Things to Know Before Applying

Are you an international student working on a H-1B visa in the USA? Thinking of conversing H-1B to Green Card but do not know how? Find the answers to your questions, tips, and the process timing here. The following blog consists of all the information related to your queries on how to get Green Card status. So read on and gather all the details of the process.

Expiry Rules of H-1B Visa

H-1B is a visa based on employment that allows foreign nationals to work in the USA temporarily. Once you go through this visa process and your application gets approved, the Immigration Department of the USA will issue you this. It showcases that you get adequate training and education and that you have a respected job in the country. These visa types are generally issued for six years. In addition, your I-94 card states the date when your visa expires. If you want to stay after six years in the USA, you will be required to apply for renewal of your H-1B visa. Also, you can apply for a Green Card. Apart from those, if you continue to be employed by the same company you can change this date.

Furthermore, if you apply for an H-1B to Green Card, you first go through the expiration rules of the visa. Since the applications for Green Cards can take months to sometimes years to complete. Considering this, H-1B visa holders should certify the application for the Green Card on time to avoid any legal issues.

It was about the expiry rules related to H-1B visas. To avoid any legal issues the visa holders need to update their visa on time or apply for the Green Card on time. With this, moving ahead, let's know what exactly a Green Card is

What Is a Green Card?

Officially, the Green Card is called a Permanent Resident Card. It isn't a specific class of the visa and encompasses several types. However, having a Green Card by your side states you have permanent residency status to live in the USA. Here, permanent means as long you follow the laws of the state, federal, and local as well as rules specific to your status like retaining residency. Furthermore, the Green Cards come with a validity of 10 years. After every 10 years, you need to replace or renew your Green Card. In addition, there is no limit to the number of times you renew your Green Card. However, if you have conditional permanent resident status on your side then you have to renew your card every two years.

It is what a Green Card is. Moving ahead, let's know the benefits it provides to its cardholders in the USA.

Benefits of Having a US Green Card

Following are the benefits Green Card provide to its cardholders:

• As a Green Card holder, you can live and work lawfully in the USA for an undefined time without the need for extra work authorization. In addition, the card serves as evidence of your permanent residence in the country. For example, when you are looking for a job in the country.
• With permanent residency in the US, you can travel freely in and out of the country. Here the only restriction is that you can not live more than six months outside the USA. It may cause a loss of your permanent resident status in the country.
• Do you know Green Card also provides you with US citizenship? Yes, you read it right. If you hold the card for five years, you become eligible to apply for citizenship in the USA.
• In addition, you can also assist your relatives in getting their own Green Card through your sponsorship if they meet the eligibility criteria.

These are the perks that you get when you have a Green Card by your side. However, the application process for the card is protracted and includes several stages with guaranteed results. It states going from the H-1B to Green Card needs careful planning. It certifies that you follow the correct process and timings. In addition, it assists in avoiding any errors or ever application refusal. With this, moving further, let's know the eligibility criteria for the Green Card.

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Eligibility Criteria for a Green Card

There are several eligibility categories for a Green Card. If you are a foreign graduate working in the country on an H-1B visa, then you need to apply for the card based on employment. Well, this also consists of three sub-categories that are as follows:

• Immigrant investor
• Immigrant worker
• Physician National Interest Waiver

The majority of applications for employment fall under the subcategory of immigrant workers. With this, the following are the Green Card eligibility categories:

• Through employment
• Through asylee or refugee status
• Through family (people highly preferred this)
• For abuse victims
• For crime or human trafficking victims
• Other Categories
• Through registry (if you have been living in the USA since before 1972)

These are the different eligibility categories available for the Green Card. One can apply from any of them as per their preference. Moving further, let us know when is the right time to apply for a Green Card in the USA.

When Is the Right Time to Apply for a Green Card?

As the Green Card applications take years to complete many working internationals began the H-1B to Green Card process as soon they get their visas. The process of getting the card through a job is straightforward. However, it is advisable to through the process before applying for the card. In this, you should especially consider these two things:

• Your employer begins the process and files the starting petition for you for the card. This includes both money and time. In addition, your employer needs to advertise a job opening for the position you are working on. It should not be out of your present job.
• After the petition filed by your employer began your US Green Card application process. Until you submit the application you need to be in your current job position which may take years to complete. However, it limits your promotions on the job. Also, limits the ability to travel between two states.

With this, in some situations, it makes sense to work for a few years on an H-1B visa before applying for the card. Through this, you can certify the right job and location as per your priorities and goals. It is also advisable before applying for the H-1B to Green Card process to talk with the employer and immigration lawyer. Moving ahead, let's know the things before applying for the Green Card.

Things to Know Before Processing to H-1B to Green Card

The process of getting a Green Card is somehow easy with the right guidance. However, before you begin the process you need to understand some crucial things that are as follows:

Adjustment of Status

To adjust your living status from H-1B to Green Card submit an I-485 USCIS. In one-year increments, foreign nationals have permission to request an extension on their H-1B visa. However, it is only applicable when their I-140 or Labor certification was filed a year before the start of their exemption limit of 6 years.

If the Date of Priority Is Not Current

The exception is only available if get the approval for I-140 and your date of priority is not current. In addition, your LCA is pending for a year. In this situation, you get unlimited extensions until you have completed the application process for the Green Card. You can know your date or priority by seeking on the I-797 sent by the USCIS approving your I-130.

Maintaining Status While the Green Card Is in Process

The foreign worker needs to keep up with their lawful immigration status while their Green Card is in process. In addition, making the changes from H-1B to Green Card. To do so, you should submit a petition I-485 to USCIS. It generally happens after getting I-140 approval from USCIS. However, in some cases, a concurrent filing may be chosen that offers submission of both I-485 and I-140 petitions at the same time.

These are some things that you need to consider before beginning the H-1B to Green Card process. Let's move ahead to the steps to follow.

H-1B to Green Card Process

The process for applying for the USA Green Card is fairly easy. When you are ready to start, here is what you need to know to apply for the card. In addition what things to do if your H-1B visa expires before your submission of application? With this, the following are the steps that you need to follow for the smooth Green Card process:

Find a Qualified US Employer

You should first find an employer who is ready to sponsor you for a Green Card in the USA. For this, he/she should offer you a job position that matches the employment-based category of the card. Many of the US employment-based card categories need sponsorship by an employer. It can be either done by your present H-1B employer or a different employer. In addition, some requirements should be met before an employer can qualify to sponsor the Green Card application of the employee.

In case your current employer does not meet the following criteria, you need to change your job before starting the process. Also, not all the job positions for H-1B visas meet the adjustment requirements of a Green Card. For this reason, you may need to change your present job position. With this, you can also take on roles with bigger accountabilities to get the needed work experience for your choice of Green Card present in the employment-based categories.

PERM Labor Certification

The word PERM stands for Program Electronic Review Management. If you fall under the category of EB2 or EB3 Green Card, then your sponsoring employer needs to file a PERM labor certification. It is submitted to the Department of Labor (DOL). As a part of the process, the employer should get approval from them on the prevailing wage determination. In the certificate, the employer provides details of the job. It includes duties, location, and requirements. According to this information, the DOL will provide a prevailing wage determination. The form showcases the base salary needed for the job. After this, the employer needs to show that no US worker is available or suitable for the job role. For this, they are required to give an advertisement for the job in two Sunday newspapers. Along with the newspapers they need to post for the same thing two state workforce agencies. Once the employer provides the proof, they must file the Application for Employment Certification ETA form 9089.

Form I-140 Petition

After getting the approval of Form 9089, the employer needs to file an Immigrant Petition for Alien Worker. It is also known as form I-140. The form aims to showcase that the worker has the right to get a Green Card in the USA through the job. In addition, the employer can also afford to pay the employee the wage advertised in the recruitment process of the PERM. The date when the USCIS gets your I-140 form is your priority date. With this, before moving to the next step you need to wait for the priority date.

Adjustment of Status

After getting the priority date, you should apply for Adjustment of Status. This is done by filling out the form I-485. With this, the form consists of the following information that you need to mention:

• Your complete name
• Date and place of birth, along with the details of nationality or citizenship
• Recent history of immigration
• Address information
• Details of passport or travel documents
• I-94 form status
• Date, place, and details of last arrival into the USA
• Present immigration status
• Past addresses
• Filing category or application type- H-1B visa holders should select the right 'Employment-based' option.
• Last five years of employment history
• Parents information
• Marital status
• Information about your children
• Biographic details like height, ethnicity, etc.
• Violations and criminal acts
• General inadmissibility and eligibility grounds, such as link with certain groups or organizations. In addition, whether you have been restricted from entering the country.
• Security-related information like whether you have ever been part of terrorism or espionage.
• Illegal entries into the country or other violations of immigration rules
• Whether the US government provided you with public assistance or is likely to do the same in the future.
• After previous violations of immigration rules illegal re-entry, unlawful presence, or removal.
• Information of any interpreter or any other person who assists you in completing your application.
• Questions related to Miscellaneous conduct.

After filling all this information in the form you need to submit it to USCIS. If you get the approval then you receive your Green Card. With this, the following are the steps you need to follow during the H-1B to Green Card process. Moving ahead, now let's know how much time you get your card.

Processing Time of H-1B to Green Card

The H-1B to Green Card processing time varies depending on the application type. In addition, it may take 10 months to over a decade to get your Green Card. With this, most H-1B visa holders wait approximately two years to continue the process of filling out the Green Card application. Moving ahead, this is how the process works:

• With an audit, the PERM Labor Certification can take 6-18 months.
• The approval of form I-140 depends on the priority date to become current.
• Considering the above point, waiting for the priority date to become the current one can be the longest wait for some applications. With this, the waiting time highly depends on the country which you are coming from.
• After from this the processing time of form I-485 depends on the service center you applied for. It is because some service centers have a backlog or are busier while others have short waiting times.

In last, the processing time of H-1B to Green Card varies wildly. With this, to get a better grasp of the waiting time it is advisable to consult with your immigration attorney. Furthermore, let us know the fees included in the process.

H-1B to Green Card Fees

The fees associated with the H-1B to Green Card process can vary depending on the path. With this, here are some common ones:

Immigrant Petition for I-140 form (Alien Worker)

The fee is $700 to $2805 if you choose premium processing. In addition, the fee is for employment-based Green Cards.

I-485 (Adjustment of Status)

$1140 for applicants who are between 14-78 years. In addition, $85 additional fees for biometric services.

Labor Certification (if applicable)

The fees vary depending on the recruitment and advertising methods.

Medical Examination

For the Green Card application, you may need to go through a medical examination. With this, the fee of it varies.

Document and Translation Cost

If any of your documents need translation or you require additional documents there may be you need to make extra costs.

Attorney

The fees of it varies depending on the application and service.

Conclusion

Changing your status from an H-1B to a Green Card can be complex without proper guidance. To make the process easy and smooth the H-1B visa attorneys at Visament can help you. The experts here can guide you in determining the right course of action for your particular situation. In addition, provide you support at every step of the process from compiling the relevant documents to dealing with the officials. So, do contact us today for a hassle-free Green Card application in the USA.