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H1B To Green Card – Get All The Details Of the Transfer Process

Written by Srishti Jhawar

On a journey to explore everything that can express itself in words or silence. More inclined toward writing articles which can create an impact on the reader. Over here, writing on abroad education topics and information that can be useful to students planning to go overseas.

October 10, 2022

You must go from an H1B visa status to a Green Card to become a permanent resident of the United States, which is frequently the best choice for qualified people who want to stay in the country for an extended time. H1B visa holders who are skilled workers in the United States are aware that their stay is subject to a time limit. Noncitizens with an H1B visa are permitted to work in the United States for a maximum of six years. Following that time, you have two options; either return to your previous country of residence or apply to have your status changed to permanent resident. You can start the H1B to Green Card process immediately once you apply for an H1B visa. 

H1B Visa To Green Card Process: A Step-By-Step Guide

In the US, obtaining a Green Card is an easy and quick process. The process should be started as soon as you can. The three key processes in the H1B to green card application procedure are listed here, along with instructions for each one.

  • Apply for PERM Labor Certification 
  • Submit the I-140 form
  • Submit the I-485 form

Discover more about each stage by reading on.

Step 1: Your Employer Applies For A PERM Labor Certification For You

Your employer must apply for a Permanent Labor (PERM) certification as the first step in the H1B to Green Card process. Your company must determine the prevailing rate for your position and set your compensation at that level for you to receive a PERM certification. A recruitment process is also used to make sure there are no qualified US workers for the same role. PERM certifications typically take 4 to 6 months to process, but if you’re anxious about how to get a Green Card quickly, you can expedite the procedure by paying an extra $1,225.

Step 2: Submit Form I-140

Your employer must file form I-140, which establishes your preference level and priority date, as the following stage in the H1B to Green Card procedure. The fee to submit this form is $580. You must acquire a priority date to go to the next step, so you must get one.

Step 3: Submit Form I-485

The last step to complete the H1B to Green Card process is submitting Form I-485. Here, you will be requested to attend an interview after applying. Once your passport is stamped and your application is accepted, the Green Card will be mailed to you. You can check the status of your application for a Green Card online once you’ve submitted it. Although applying for a Green Card without an H1B visa is also an option, since the process is significantly more difficult it is better to obtain it with an H1B visa. 

H1B To Green Card Process Time 

It can take a long time to go from an H1B to Green Card. It’s crucial to do your homework in advance to have an idea of how long it will take and to ensure that the validity of your present visa is not compromised. Here is a breakdown of how long each step in the green card application process takes:

  • The PERM certification process might take six to eighteen months.
  • Depending on how quickly your priority date becomes current, it will take some time for your I-140 to be authorized. 
  • The time it takes for your priority date to become current varies greatly depending on your nation of origin, from almost any time at all to up to nine years. 
  • Depending on the server it is delivered to, the form I-485 takes a different amount of time to process.

Conclusion

Your ability to obtain a green card through an H1B visa may be influenced by the type of work you do, your education, training, and credentials, as well as your nationality. However, the process can take a long time regardless of these aspects. It’s a good idea to speak with your employer or a reputable immigration lawyer as soon as possible if you intend to or are considering settling permanently in the US. While doing so, also keep the costs in mind. The cost of applying to switch from an H1B to a Green Card could cost up to $10,000, where the employee bears a sum of $2000 or more, depending on the circumstances.

FAQs

Q. Can I utilize my H1B visa to go to the US and settle permanently? 

A. Yes, but only after applying for and then receiving a Green Card.

Q. How long will my H1B visa last once I obtain a Green Card?

A. After obtaining a Green Card, you won’t require or qualify for an H-1B visa.

Q. What advantages do a Green Card have over an H1B visa?

A. While an H1B visa can be used to enter the country and live and work there, a Green Card grants permanent resident status and is renewable every ten years. It also gives its holder the option to apply for US citizenship, which no other visa at this time enables.

Thank you for reading this blog on ‘H1B To Green Card – Get All The Details Of the Transfer Process!’ If you’d like to read more, here are some blogs that may be of interest to you –  

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