From H-1B To Green Card: Navigating Work & Family Options

Imagine you are in the United States on an H-1B visa, building a promising career or perhaps finding someone special and deciding to marry.

Now you are ready to take the next step toward staying in the U.S. permanently.

But how do you switch from H-1B to a Green Card?

We’ll explain the scenarios, the steps of this journey and how our immigration lawyers at Spar & Bernstein can help in the process.

Bradford H. Bernstein

This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

View Brad's Bio

Bradford H. Bernstein

What Is An H-1B Visa?

An H-1B visa is a nonimmigrant visa that allows U.S. companies to hire foreign workers in specialty jobs.

These occupations typically require specialized knowledge and, at least, a bachelor’s degree or equivalent work experience in the relevant field.

Examples of such occupations include:

• Software developers
• Cybersecurity specialists
• Mechanical engineers
• Aerospace engineers
• Physicians and surgeons
• Clinical researchers
• Investment analysts
• Research scholars
• Biochemists
• Geologists
• Architects
• Designers

An H-1B visa is initially granted for three years. After this period, it can be extended up to a maximum of six years.

The H-1B visa is considered a dual intent visa, meaning you can apply for a Green Card without risking H-1B status.

Read more about Green Card benefits and Green Card vs. visa.

When Can You Transition From H-1B To Green Card?

You can transition from an H-1B visa to a Green Card at any time during your H-1B status, if you:

• Meet the eligibility criteria
• Have an employer or family member willing to sponsor your Green Card application

H-1B To Green Card Process

Depending on who is sponsoring your Green Card — an employer or a family member — the process and steps can vary.

If You Are Sponsored By An Employer

1. PERM labor certification

Your employer will file a permanent (PERM) labor certification with the Department of Labor (DOL), showing that:

• There are no qualified U.S. workers to fill the advertised position
• Hiring a foreign worker will not harm wages or working conditions

The date when the PERM is filed becomes your priority date, which is important for visa availability.

2. Form I-140

The employer will file Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS) to petition for you as a prospective immigrant.

3. Visa availability

Based on your employment-based preference category and country of origin, you may have to wait for your priority date to become current (i.e. when it is your turn in line for a Green Card) as listed in the Department of State’s monthly Visa Bulletin.

If you are coming from high-demand countries like India and China, you may wait longer compared to applicants from other countries.

4. Adjustment of status

Once your priority date becomes current, you will file Form I-485, Application to Register Permanent Residence or Adjust Status.

If your priority date is current when the employer files Form I-140, you may be able to file Forms I-140 and I-485 concurrently.

If You Are Sponsored By A Family Member

The process when being sponsored by a family member will be different depending on whether the sponsor is a U.S. citizen or Green Card holder.

If you are sponsored by a U.S. Citizen and are their immediate relative — a spouse, parent, or a child under 21 years old, the steps are as follows:

1. Form I-130
   Your U.S. citizen relative will file Form I-130, Petition for Alien Relative, to establish their relationship with you as an applicant. Form I-485 can be filed concurrently, as visas are always available for immediate relatives of U.S. citizens.
2. Attend a biometrics appointment
   USCIS will schedule you for a biometrics appointment to collect fingerprints, a photograph, and your signature for background and security checks.
3. Attend the Green Card interview
   Most family-sponsored Green Card applicants must attend an interview — read more about marriage interview questions.
4. Receive a decision
   After the interview and background checks, USCIS or the consular officer will approve or deny your application. If your application is approved, you will receive your Green Card.

If you are sponsored by a Green Card holder in the F2A preference category — meaning you are a spouse or unmarried child under 21 years old, you will go through the following process:

1. Form I-130
   Your Green Card holder will petition for you, submitting documents to prove how they are related to you.
2. Visa availability
   If you are in a family preference category, you will wait until your priority date (the date Form I-130 was filed) becomes current according to the Visa Bulletin.
3. Form I-485
   Once your priority date is current, you will file Form I-485 to adjust your status.
4. Attend the interview
   You will attend an interview where you will need to verify your eligibility and relationship with the sponsor.
5. Wait for a decision
   You will receive USCIS’s decision on your case.

How Long Does It Take To Switch From H-1B To A Green Card?

The time it takes to switch from an H-1B visa to a Green Card may vary depending on several factors, such as:

• The type of Green Card sponsorship — employer or family-based
• Your country of origin
• The specific visa category

For example:

• For employment-based applications, the time until you receive your Green Card can stretch from eight months to several years.
• For spouses of U.S. citizens, the transition from an H-1B visa to a Green Card can take up to one year.
• For spouses of Green Card holders, the process can take up to several years.

H-1B To Green Card Challenges

While the H-1B to Green Card process offers a path to permanent residency, it is also accompanied by serous challenges.

Lengthy Processing Times

Backlogs in the employment-based and family-based visa categories — especially for individuals from high-demand countries like India and China — can result in waiting periods of several years.

Complex PERM Labor Certification Process

The PERM process requires employers to prove no qualified U.S. workers are available for the job, which can be time-consuming and may lead to audits.

Employer Dependency

For employment-based Green Cards, applicants must rely on employers’ willingness and financial ability to sponsor them for a Green Card, leaving them vulnerable to job changes or company decisions.

H-1B Time Limits

The six-year H-1B limit (with potential extensions) may expire before the Green Card process is complete, requiring actions to maintain your legal status.

Family Impact

Delays in getting a Green Card may affect your family members’ ability to work, travel, or access benefits, especially if they rely on dependent visas like H-4.

Unforeseen Policy Changes

Shifts in immigration policies can result in additional delays or challenges.

Need Help Getting A Green Card? Contact Spar & Bernstein

How can you navigate and overcome the challenges of transitioning from an H-1B visa to a Green Card?

With over 60 years of experience, The Law Offices of Spar & Bernstein have successfully handled various immigration cases, from employment-based to family-based immigration, investor visas, deportation, and waivers.

If you are desirous of transitioning from an H-1B visa to a Green Card, we will:

• Assess your qualifications and determine the most suitable Green Card category, such as EB-2, EB-3, or family sponsorship options.
• Help file all immigration forms, whether I-130, I-140, or I-485, making sure they are filled out accurately and properly submitted.
• Help you monitor your priority date and Visa Bulletin updates if you are waiting for a visa to become available.
• Explore extension options or alternatives if your H-1B expires, to maintain your legal status during the Green Card process.
• Help you protect your Green Card application if you change employers during the process.

Call our knowledgeable immigration team today and take the first step toward securing your future in the United States.

H-1B To Green Card: FAQs

To provide more information about transitioning from H-1B to Green Card, we have answered commonly asked questions in the section below.

Can I apply for a Green Card immediately after getting my H-1B visa?

Yes, you can apply for a Green Card as soon as your employer is ready to sponsor you or if you qualify for self-petitioning in certain categories (for example, in the EB-1 or National Interest Waiver categories).

What happens if I change employers while moving from H-1B to a Green Card?

If your Form I-140 is approved and your I-485 has been pending for 180 days or more, you may be able to “port” your Green Card application to a new employer (if the new job is in the same or a similar occupational category). Talk to our experienced attorneys at Spar & Bernstein if you are unsure of what to do in your situation.

Can my spouse and children get Green Cards if I am switching from H-1B to a Green Card?

Yes, your spouse and unmarried children under 21 can apply for derivative Green Cards together with you. Read more about principal applicant vs. derivative applicant in our article.

What can I do if my Green Card is denied?

If your Green Card application is denied, you may appeal, file a motion to reopen/reconsider, or explore other visa or Green Card options. Talk to our caring and compassionate team of attorneys at Spar & Bernstein to determine the best way to proceed.