The H-1B visa is one of the most common ways for skilled professionals who want to work in the United States. It allows employers to hire talented workers from around the world for jobs that require specialized knowledge, such as technology, engineering, finance, architecture, healthcare, and research. For many individuals, securing an H-1B visa is an exciting milestone because it opens the door to new opportunities, career growth, and a chance to experience life in the U.S.
As time passes, many H-1B workers begin thinking about the future. The H-1B is a temporary visa with strict rules, a limited duration, and an ongoing dependency on the sponsoring employer. This creates uncertainty, especially for individuals who want to settle, grow professionally, or build a family life in the U.S. So many H-1B professionals start looking toward permanent residency in the U.S., also known as a green card.
Transitioning from an H-1B visa to a green card offers a sense of security and long-term stability. A green card eliminates the stress of frequent visa renewals, allows workers to change employers more freely, and provides more flexibility in career choices. It also gives individuals the freedom to travel internationally without the constant worry of visa stamping delays or risks. For many, getting a green card represents not just a legal status change, but the beginning of a more settled and confident life in the United States.
Understanding how the H-1B visa to green card transition works is essential for proper planning. This process can be detailed and multi-step, involving employer sponsorship, government approvals, and specific eligibility requirements. While it can seem overwhelming, the path becomes much clearer when broken down into simple steps. With the right preparation and guidance, H-1B professionals can smoothly pass each stage and move closer to long-term residency.
If someone has just started their H-1B journey or has been working in the U.S. for years, knowing the process early makes a major difference. It helps avoid delays, ensures compliance with immigration rules, and gives individuals a realistic idea of the timeline and expectations. Ultimately, the H-1B to green card transition is a major step toward building a stable life and long-term future in the United States.
What is The Eligibility for Transitioning from an H-1B Visa to a Green Card
Before beginning the journey from an H-1B visa to a green card, it is important to understand who is eligible and what the requirements look like. While the process is often employer-driven, there are multiple ways available depending on a person’s skills, achievements, and long-term goals.
Who Qualifies for Employment-Based Green Cards
Most H-1B professionals apply for a green card through an employment-based category (EB-1, EB-2, or EB-3). Each category has its own criteria:
- EB-1: For individuals with extraordinary ability, outstanding professors or researchers, and certain multinational managers or executives.
- EB-2: For professionals who hold advanced degrees (master’s or higher) or have exceptional ability in fields like science, arts, or business.
- EB-3: For skilled workers, professionals with a bachelor’s degree, and certain other workers with specific qualifications.
In most cases, H-1B employees fall under EB-2 or EB-3, depending on their education, experience, and job requirements. Your employer must be willing to sponsor you, and the job must meet the Department of Labor’s requirements.
While many H-1B workers depend on their employers to sponsor their green card, there are also self-sponsored options that don’t require employer involvement.
Most applicants go through:
- PERM Labor Certification
- I-140 Immigrant Petition
- I-485 Adjustment of Status
In this path, the employer plays a major role in proving that:
- The position requires specific skills or education.
- There are no qualified U.S. workers available for the job.
Self-Sponsored Options
These options allow qualified individuals to apply on their own:
- EB-1A (Extraordinary Ability):
For individuals with extraordinary achievements in fields like science, technology, arts, athletics, or business. You must show sustained national or international recognition.
- EB-2 National Interest Waiver (NIW):
For professionals whose work has substantial merit and benefits the U.S. national interest. This option is popular among researchers, entrepreneurs, and individuals with advanced degrees.
These self-sponsored categories offer more independence and flexibility, especially for H-1B professionals who want to avoid relying solely on their employer.
Importance of Maintaining Valid H-1B Status
Throughout the green card process, it is crucial to maintain a valid H-1B status. Even though you may eventually file for adjustment of status (I-485), staying in status ensures that you are legally authorized to work and remain in the U.S. without interruption.
Maintaining H-1B status is especially important because:
- The green card process can take years, depending on the category and your country of birth.
- You may need your H-1B status while waiting for priority dates to become current.
- It provides a safety net if there are delays, RFEs, or unexpected complications.
- It allows you to continue working legally even if your EAD/AP from the green card process expires or is delayed.
Step-by-Step H-1B Visa to Green Card Process
Moving from an H-1B visa to a green card happens in stages, and understanding each step makes the whole journey much easier. We have mentioned a breakdown of how the process works.
Step 1: PERM Labor Certification (if applicable)
For most H-1B workers applying under EB-2 or EB-3, the first step is the PERM Labor Certification. This step is handled by the Department of Labor and is designed to make sure that hiring a foreign worker won’t negatively affect U.S. workers.
Job Requirements and Recruitment
Your employer must:
- Clearly define the job duties and minimum qualifications.
- Pay the required prevailing wage set by the government.
- Run a recruitment process to see if any qualified U.S. workers are available.
This involves posting job ads, reviewing applications, and keeping detailed records. If no suitable U.S. worker is found, your employer can move forward with the PERM application.
Department of Labor Approval
After recruitment, your employer submits the PERM application. The Department of Labor reviews everything to ensure the job requirements are fair and the recruitment process followed the rules.
Typical PERM Processing Time
On average:
- Regular PERM cases take about 6–10 months.
- If the case is audited, it can take 12–18 months or more.
Step 2: Immigrant Petition for Alien Worker
Once PERM is approved, your employer files Form I-140. This step shows that:
- There is a real job available for you.
- Your employer can pay the required wage.
- You meet all the job qualifications listed in the PERM.
Your employer must gather documents, pay the fees, and submit proof of their financial ability to hire you. They also need to show that you meet the education and experience requirements for the job.
Premium Processing Options
USCIS offers premium processing, where your I-140 is reviewed within 15 days.
Without premium processing, reviews can take several months.
Upgrading to premium processing can significantly speed up your H-1B visa to green card processing time, especially if your priority date is getting close.
Impact on the Timeline
Once the I-140 is approved:
- Your priority date becomes locked in.
- You may become eligible for H-1B extensions beyond six years.
- You are one step closer to filing the final stage—the I-485.
Step 3: Adjustment of Status
The last major step is filing Form I-485, which is your official application to become a permanent resident. But you can only file it when your priority date becomes current.
When You Can File Based on the Visa Bulletin
The U.S. government releases a monthly Visa Bulletin that shows when green card numbers are available based on:
- Your country of birth
- Your employment category
You can file the I-485 only when the bulletin shows that your priority date is allowed to move forward. This waiting period varies widely depending on individual circumstances.
Benefits During the Waiting Period (EAD/AP)
After filing the I-485, you gain several useful benefits:
- An EAD (work permit) that allows you to work without relying only on your H-1B.
- Advance Parole, which lets you travel internationally without getting a new visa.
- More job flexibility after 180 days, depending on your category.
Role of Priority Dates in the Timeline
The priority date is the heart of the entire H-1B to green card timeline.
How long you wait depends on:
- Which category are you applying under (EB-1, EB-2, EB-3)
- The demand for visas
- Your country of birth
- Annual green card limits
H-1B Visa to Green Card Processing Time
The H-1B to green card process can take time. In 2025, most applicants wait anywhere from 1.5 years to several years. The exact timeline depends on your category, country of birth, and USCIS speed.
The PERM Labor Certification usually takes 6–12 months. The I-140 stage takes 2–8 months, unless you use premium processing. Premium processing gives a 15-day decision. Many employers choose this option to avoid delays, especially for H-1B extensions.
Once your priority date is current, you can file the I-485. This step often takes 8–18 months or longer. Background checks and biometrics appointments can slow things down. USCIS workload and Requests for Evidence can also cause delays.
Priority date retrogression is another major factor. If visa numbers move backward, you may have to wait longer. This is common for applicants from India and China. Tracking the monthly Visa Bulletin helps you plan better.
Overall, the timeline varies for everyone. Short delays are normal. Patience and preparation make the process easier.
How To Maintain Legal Status During the Transition of H-1B to Green Card?
Staying in a valid legal status is one of the most important parts of the H-1B to green card journey. The good news is that the H-1B visa offers several protections that help you stay safe during long processing times.
One major benefit is H-1B portability. This allows you to change employers while your green card process is underway, as long as the new job is in a similar role. You can start working for the new employer as soon as they file your H-1B transfer petition, which gives you flexibility and job security.
Another protection is the AC21 rule, which lets H-1B workers extend their status beyond the usual six-year limit. If your PERM or I-140 has been pending for at least 365 days, or if your I-140 is approved but your priority date isn’t current, you can keep extending your H-1B in one- or three-year increments. This is crucial for applicants from high-demand countries who often wait years for a green card.
Even though the I-485 stage allows you to apply for an EAD (work permit) and Advance Parole travel document, it is usually safer to continue maintaining your H-1B status. The H-1B provides more stability, especially if your I-485 is delayed or denied. It also lets you re-enter the U.S. without depending solely on Advance Parole.
Keeping your H-1B active gives you stronger protection, more options, and greater peace of mind throughout the green card process.
Common Challenges in the H-1B to Green Card Process
The H-1B to green card journey can be smooth, but many applicants face challenges along the way. One common issue is PERM audits, which can delay the process by several months. These audits often happen randomly, but they can also be triggered by job requirements or recruitment results.
Some applicants also receive RFEs or denials, especially during the I-140 or I-485 stages. These requests can slow things down and require strong, timely responses. Job changes during the process can also create complications, especially if they happen before the I-140 is approved or before you complete 180 days after filing the I-485.
Another challenge is Visa Bulletin stagnation, which affects applicants from high-demand countries like India and China. Slow or retrogressed priority dates can add years to the wait. Understanding these challenges in advance can help you prepare better and avoid unnecessary delays.
How Gehis Immigration and International Legal Services Can Help
At Gehis Immigration and International Legal Services, we guide H-1B professionals through every stage of the green card process. We help develop a strong PERM strategy, ensuring your job description, recruitment, and documentation meet Department of Labor standards.
Our team prepares high-quality I-140 petitions with detailed evidence and careful filing to reduce the risk of RFEs or delays. For the I-485 stage, we ensure accurate and complete applications, helping you avoid common mistakes that cause processing issues.
We also provide personalized guidance during job changes, layoffs, or transfers, making sure you stay protected under AC21 and maintain your status. Most importantly, we help you understand your H-1B to green card timeline, providing realistic expectations based on your category, country of birth, and USCIS trends.
Final Word:
Transitioning from an H-1B visa to a green card is a major step toward building a stable future in the United States. While the process can be long and sometimes challenging, it is absolutely achievable with the right support.
Working with experienced immigration professionals can make your journey smoother, clearer, and more efficient. With proper planning and strong legal guidance, you can confidently move toward permanent residency and a brighter future in the U.S.
Frequently Asked Questions
How long does the H-1B togreen card process usually take?
The timeline varies for each applicant, but most cases take between 1.5 to several years. Factors like PERM processing, I-140 approval, the Visa Bulletin, and your country of birth all play a major role in the total time.
Can I change employers while my green card process is pending?
Under H-1B portability rules, you can switch employers as long as the new job is similar to your current role. If your I-485 has been pending for at least 180 days, AC21 also allows safe job changes during the green card process.
Do I need tomaintainmy H-1B status after filing the I-485?
It is strongly recommended. Even though the I-485 gives you access to EAD and Advance Parole, maintaining H-1B status provides more stability and protects you in case the I-485 is delayed or denied.
What happens if my PERM gets audited or denied?
A PERM audit can extend the process by several months. If your PERM is denied, your employer may be able to file again, depending on the reason for the denial. Working with an experienced immigration attorney helps reduce risks.
Does my country of birth affect my green card wait time?
Applicants born in countries with high demand, especially India and China, often face longer waiting periods due to limited visa numbers. Your priority date must be current on the Visa Bulletin before you can file the I-485.
