H-1B to Green Card: Complete Step-by-Step Guide

Welcome! Transitioning from an H-1B temporary work visa to a permanent Green Card (Lawful Permanent Resident status) is one of the most common immigration paths in the United States. This journey is managed through the Employment-Based (EB) Green Card system. It gives you the right to live permanently in the United States, change jobs freely, start a business, and eventually apply for U.S. citizenship.

Introduction to the H-1B to Green Card Process

Why the H-1B Visa Is Ideal for Permanent Residency (Dual Intent)

The H-1B visa is known as a “Dual Intent” visa. This means:

• You can work in the U.S. temporarily
• You can also legally apply for permanent residency at the same time

Many other temporary visas, like the F-1 student visa or B-2 tourist visa, do not allow this. That is why the H-1B is the best visa for people who want a Green Card.

Who This Guide Is For

This guide is for:

• H-1B workers
• H-4 spouses and children
• Employers sponsoring workers
• Anyone planning to become a U.S. permanent resident through employment

It is designed to be simple and clear, helping you understand the rules that protect your status during long processing delays.

What You Will Learn in This Guide

• The three non-negotiable steps of the employment-based Green Card process.
• How to read the monthly Visa Bulletin to track your place in line.
• The legal protections (AC21) that allow you to stay and work in the U.S. beyond the standard 6-year H-1B limit.
• Your options for changing jobs while your Green Card application is pending.

H-1B to Green Card Benefits – Why the Effort is Worth It

H-1B status provides temporary work authorization tied to a single employer; the Green Card offers true freedom and stability. Check the complete benefits of U.S. green Card holders from our comprehensive guide. Key benefits of completing the transition include:

• Permanent Right to Live in the U.S.: You can live in the U.S. permanently without worrying about visa expiration, lottery systems, or renewals.
• Career Freedom: You can change jobs, switch industries, or start your own business without requiring a new USCIS petition or approval.
• Travel Freedom: Travel outside the U.S. without special permission and re-enter easily with your Green Card. Also can apply for re-entry permits for long trips
• Political & Civil Rights: Eligibility to apply for U.S. Citizenship after five years, protection from deportation, and expanded civil rights.
• Family Stability: You can sponsor your spouse, unmarried children, and even your parents (in some cases) to gain permanent residency rights, offering security and peace of mind.
• Eligibility for Government Benefits: You may qualify for Social Security, Medicare (after eligibility), and Certain public assistance programs.

Mistakes on your USCIS application forms can lead to rejection, denial, or delay in processing your application. Prepare your application safely and securely with our Immigration Lawyer and online software to eliminate costly mistakes and file correctly. Get Started Now.

Key Terms You Must Understand Before You Begin

The immigration process uses specific terms. Knowing these will help you understand your status and where you are in the process.

Priority Date (PD)

The Priority Date is your official place in line for a Green Card. For most employment-based cases, this is the date the Department of Labor (DOL) receives the PERM application. You cannot receive a Green Card until this date becomes “current” on the Visa Bulletin.

PERM Labor Certification

This is the first step. It is a process managed by the Department of Labor (DOL) where your employer proves that no qualified U.S. worker was available for the specific job you are filling.

Adjustment of Status (AOS)

Form I-485, the final step. This is filed with USCIS to “adjust” your status from a temporary status (like H-1B) to permanent resident (Green Card holder) while remaining inside the United States.

Employment Authorization Document (EAD)

A work permit (Form I-765) that allows you to work for any U.S. employer, not just your H-1B sponsor, once your I-485 is pending.

Advance Parole (AP)

A travel document (Form I-131) that allows you to travel outside the U.S. and return while your I-485 application is pending, without jeopardizing your application. The EAD and AP are often issued together as a single “Combo Card.”

Overview of the 3-Step Employment-Based Green Card Process

The process is always initiated by the U.S. employer (the sponsor) and involves three government agencies: the Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), and the Department of State (DOS).

Step 1 – PERM Labor Certification (Department of Labor)

The employer proves that the U.S. labor market has been tested and there is no qualified U.S. worker. This is done by filing Form ETA 9089.

Step 2 – Immigrant Petition (Form I-140 with USCIS)

Once PERM is approved, the employer files Form I-140 with USCIS, formally requesting an immigrant visa for you in a specific preference category (EB-1, EB-2, or EB-3). This step establishes your Priority Date.

Step 3 – Adjustment of Status (Form I-485) or Consular Processing

When your Priority Date is current, you (the employee) file Form I-485 with USCIS. Alternatively, if you are outside the U.S., you undergo Consular Processing at a U.S. Embassy or Consulate abroad.

Step 1 – PERM Labor Certification (Program Electronic Review Management)

The PERM process is designed to protect American workers. It ensures that foreign workers are not taking jobs away from qualified U.S. workers or lowering wage standards.

Purpose of PERM – Proving No Qualified U.S. Workers Are Available

The employer must legally demonstrate that they actively tried to recruit U.S. workers and either received no qualified applications or rejected all qualified applications for legitimate, job-related reasons.

Prevailing Wage Determination (PWD)

The employer must first apply to the DOL for a Prevailing Wage Determination (PWD) (Form ETA-9141). This determines the minimum salary the employer must pay the immigrant worker to ensure they are not undercutting the wages of U.S. workers in that area.

Mandatory Recruitment & Job Advertising

The employer must place multiple advertisements for the job, including a job order with the State Workforce Agency and two Sunday newspaper ads, plus other recruitment steps. They must wait at least 30 days after the last ad runs before filing the PERM application.

Filing ETA Form 9089

The employer files the PERM application (ETA Form 9089) with the DOL. The date the DOL receives this application becomes the employee’s Priority Date.

Critical PERM Compliance Rules Employers Must Follow

The employer must keep detailed records for five years, including all job applicants’ resumes and the legal reasons they were rejected. The PERM process is entirely at the employer’s expense.

PERM Audits, Delays, and Common Denial Reasons

If the DOL selects the case for an Audit, they request all recruitment documents and rejection reasons. Audits add significant time (many months) to the process. Common denial reasons include failing to properly conduct the recruitment steps or setting job requirements that are too restrictive.

Step 2 – Immigrant Petition (Form I-140)

Once PERM is certified by the DOL, the employer moves to the I-140 petition with USCIS. This step confirms your qualifications for the job and the employer’s ability to pay the required salary.

Employer Sponsorship & Filing Responsibilities

The employer must prove that the company is financially stable and can afford to pay the required salary (the Prevailing Wage) as of the Priority Date.

Employment-Based Green Card Categories (EB-1, EB-2, EB-3)

There are five employment-based categories, but most H-1B workers fall into these three:

• EB-1 (Priority Workers): For persons of Extraordinary Ability, Outstanding Researchers, or certain Multinational Executives.
• EB-2 (Advanced Degree or Exceptional Ability): For professionals holding a U.S. Master’s degree (or equivalent) or a Bachelor’s degree plus five years of progressive post-baccalaureate experience.
• EB-3 (Skilled Workers, Professionals): For professionals with a Bachelor’s degree or skilled workers requiring at least two years of experience.

EB-2 vs EB-3 – Eligibility & Strategic Differences

While EB-2 requires a higher degree/experience level, historically, the queue for EB-2 visas has been slightly shorter than EB-3 for some countries. For all other countries, both categories are usually “Current.”

EB-2 to EB-3 Downgrade Strategy Explained

For applicants facing the longest backlogs (especially India), the EB-3 category can sometimes advance faster than EB-2. In these cases, an applicant may choose to “downgrade” their I-140 from EB-2 to EB-3 to access an earlier available Priority Date, maximizing their chance to file the I-485 sooner.

EB-1 Extraordinary Ability Explanation

The EB-1 category does not require a PERM labor certification or job offer. It is reserved for those at the top of their field who can demonstrate sustained national or international acclaim.

EB-2 National Interest Waiver (NIW) – Self-Petition Option

The NIW is an EB-2 subcategory where you can petition for yourself (no employer sponsor required) by proving that your work is in the national interest of the United States. This waives the PERM requirement but still requires a current Priority Date.

Establishing Your Priority Date

The date your PERM application (ETA 9089) was accepted by the DOL is your Priority Date. This date is locked in when USCIS approves the I-140 petition.

Premium Processing for Faster I-140 Decisions

USCIS offers a service where, for an extra fee, they guarantee a decision (approval, denial, or Request for Evidence) on the I-140 petition within a fixed timeframe (currently 15-45 business days, depending on the I-140 sub-category). This is highly recommended to establish the Priority Date quickly.

The Visa Bulletin & Green Card Backlogs Explained

After I-140 approval, the wait begins. The Visa Bulletin, published monthly by the Department of State (DOS), determines when you can move to the final step (I-485).

How to Read the Monthly Visa Bulletin

The Visa Bulletin lists cutoff dates for each preference category (EB-1, EB-2, EB-3) and each country.

• If your Priority Date is earlier than the listed cutoff date for your country and category, your date is current, and you can proceed.
• If the date is listed as “C” (Current), there is no wait.

Final Action Dates vs Dates for Filing

The Bulletin has two charts, which USCIS tells applicants which one to use each month:

• Final Action Dates (FAD): When USCIS can finalize (adjudicate) your Green Card application.
• Dates for Filing (DOF): When USCIS will allow you to submit (file) your I-485 application, even if the Green Card is not immediately available. This allows you to apply for the EAD/AP combo card sooner.

Country-Wise Backlogs (India, China, Rest of World)

Due to a law limiting the number of Green Cards issued per country to 7% of the total, applicants born in India and China often face multi-year or multi-decade waits, especially in the EB-2 and EB-3 categories, because their demand far exceeds the annual limit. Most other countries’ categories are “Current.”

What Is Retrogression and Why It Happens

Retrogression occurs when the demand for visas in a particular category or country exceeds the supply for the remainder of the fiscal year. This causes the cutoff date on the Visa Bulletin to move backward. This happens as the DOS/USCIS realizes they are close to hitting the annual cap.

Surviving Long Green Card Delays with AC21 Protections

The American Competitiveness in the 21st Century Act (AC21) provides crucial legal protections that allow H-1B holders to extend their visa status beyond the typical six-year limit while waiting for their Green Card.

H-1B 1-Year Extensions After 365 Days

You are eligible for a one-year H-1B extension if your PERM application or I-140 petition has been pending for at least 365 days (one year). This lets you stay and work even if your six years are up.

H-1B 3-Year Extensions After I-140 Approval

You are eligible for a three-year H-1B extension if your I-140 petition has been approved but your Priority Date is not yet current on the Visa Bulletin. This protection is a lifeline during long backlogs.

How AC21 Helps You Stay Legally in the U.S.

AC21 allows you to maintain valid H-1B work status (and H-4 dependent status) long after the standard six years, ensuring you can continue working legally until your Green Card is available.

Realistic H-1B to Green Card Timeline (2025 Estimates)

The total time can range from 1.5 years (if your country is current) to over 15 years (if your country has a severe backlog).

Best-Case vs Worst-Case Scenarios

• Best Case (Current Country): Total time is about 2.5 to 3.5 years from the start of PERM to Green Card approval.
• Worst Case (Backlogged Country): Total time can be 10 to 20+ years, with the majority of the time spent in the Visa Bulletin Queue (The “Wait”).

Step 3 – Adjustment of Status (Form I-485) or Consular Processing

This is the final application to officially become a Lawful Permanent Resident.

Concurrent Filing of I-140 & I-485

If your Priority Date is immediately current when the I-140 is filed, you can file the I-140 and the I-485 simultaneously (Concurrent Filing). This is highly advantageous as it allows you to apply for the EAD/AP combo card right away.

I-485 Medical Exam (Form I-693)

Before your I-485 is finalized, you must undergo a medical examination by a USCIS-approved civil surgeon. The results (Form I-693) are submitted to USCIS. Check our comprehensive guide on Form I-693 Medical Exam and Vaccination Immigration Report.

Biometrics Appointment

You will be scheduled to visit an Application Support Center (ASC) to have your fingerprints and photographs taken.

USCIS Interview (If Required)

USCIS may waive the interview for employment-based cases, but if one is required, you and your dependents will attend to review your application details.

Employment Authorization (EAD) & Advance Parole Benefits

Once the I-485 is filed, you become eligible to file for the EAD (work permit) and AP (travel document). The EAD allows job flexibility, and the AP allows you to travel internationally without invalidating your I-485 application.

Section 245(k) Protection for Status Violations

This rule is a safety net for H-1B workers. It allows you to have small breaks in your legal status—up to 180 days of unauthorized work or out-of-status time after your last lawful entry—without jeopardizing your I-485. This is critical for minor administrative errors.

Consular Processing Using Form DS-260

If you are outside the U.S. when your Priority Date becomes current, you cannot use the I-485 process. Instead, you go through Consular Processing, filling out Form DS-260 and attending an interview at a U.S. Consulate or Embassy in your home country to get the Green Card.

Can You Change Jobs During the Green Card Process?

Yes, but the timing is everything. You have two main protections that grant job mobility.

H-1B Portability – Changing Employers

Under AC21, you can change to a new employer and start working for them immediately after the new employer files your H-1B transfer petition, provided you were in valid status.

Priority Date Retention Rules

If you move to a new employer, you get to keep your original Priority Date as long as your previous I-140 was approved. This means you do not go back to the end of the line.

I-485 Portability After 180 Days (Same or Similar Job Rule)

This is the ultimate flexibility. Once your I-485 application has been pending for 180 days (six months) or more, you can change jobs to a “same or similar” occupation with any new employer, and your Green Card process remains intact.

Can You Travel Internationally During the Green Card Process?

Travel rules change depending on whether your I-485 is pending and whether you have an Advance Parole document.

Traveling on H-1B Without Advance Parole

H-1B status is one of the few statuses that allows you to travel internationally and re-enter using your valid H-1B visa stamp and I-797 approval notice, even after filing I-485, as long as you have not used your EAD/AP for work or travel previously.

When Advance Parole Is Required

If you do not have a valid H-1B visa stamp, or if you are traveling under any status other than H-1B (or L-1), you must have an approved Advance Parole document to re-enter the U.S. while your I-485 is pending.

Risks of Abandoning I-485 Due to Travel

If you file the I-485 and leave the U.S. without an approved Advance Parole document, USCIS may consider your I-485 application abandoned and deny it. This is why having the Combo Card (EAD/AP) is critical before traveling.

H-1B to Green Card Cost Breakdown (2025)

The costs vary widely depending on whether your employer pays and if you use premium processing. Note: USCIS fees are subject to change, and employer payment rules vary.

Dependent Filing Costs

Each dependent (H-4 spouse and children) must also pay the I-485 filing fee, I-485 biometrics fee, and I-693 medical exam fee.

Attorney Fees & Total Estimated Cost Range

Legal fees for the entire 3-step process typically range from $7,000 to $15,000, separate from government filing fees.

What Happens If PERM, I-140, or I-485 Gets Denied?

A denial at any stage is not the end of the world, but it requires immediate action.

PERM Denial Options

The employer can request a reconsideration from the DOL or file a new PERM application immediately. A new filing means getting a new (later) Priority Date.

I-140 Denial & Appeals

Denial is usually due to the employer’s inability to pay the wage or the employee not meeting the minimum requirements. The employer can file a motion to reconsider or appeal the decision.

I-485 Denial & Maintaining Your Status

An I-485 denial can be severe, often leading to being placed in removal proceedings. If denied, you must rely on your underlying status (like H-1B) or immediately leave the U.S. if your status has expired.

H-1B to Green Card for Dependents (H-4 Spouse & Children)

Your spouse and minor children (under 21) are included in your Green Card petition.

H-4 Status Rights

H-4 dependents can live and study in the U.S. They must maintain their H-4 status until your I-485 is approved.

H-4 EAD Eligibility

If the principal H-1B holder has an approved I-140 petition, the H-4 spouse is eligible to apply for an Employment Authorization Document (EAD).

Filing Green Cards for Dependents

Dependents file their own I-485 applications, but they use the principal H-1B holder’s Priority Date.

Child Aging-Out (CSPA Protection)

The Child Status Protection Act (CSPA) provides a formula to “freeze” a child’s age during the I-140 processing time. This protection is vital to prevent children from turning 21 (“aging out”) before the Priority Date becomes current, which would disqualify them from the immediate Green Card process.

Common H-1B to Green Card Mistakes That Cause Delays or Denials

Avoiding these pitfalls is as important as following the steps.

• Employer Withdrawal During PERM: If the employer withdraws the PERM before filing the I-140, all progress is lost, and the Priority Date is voided.
• Wrong Job Change Timing: Changing jobs before the I-485 is filed, or before the 180-day mark after filing I-485, can sometimes jeopardize your application.
• Falling Out of Status: Letting your H-1B or H-4 status expire before a new extension is filed.
• Missing Priority Dates: Not checking the Visa Bulletin monthly and missing the window to file I-485 when your date becomes current.
• Incorrect Category Selection: Applying for EB-3 when EB-2 is faster or vice versa, causing unnecessary delays in the queue.

H-1B to Green Card Document Checklist

Gathering these documents early will speed up the final I-485 filing.

Applicant Identification Documents

• Passports (current and expired)
• Birth Certificate
• Marriage Certificate (if applicable)
• All I-94 arrival/departure records
• All current and previous U.S. visa stamps

Employment & Pay Records

• All I-797 Approval Notices (H-1B, H-4, etc.)
• Employment history details and all Forms I-797
• Pay stubs and W-2s from the last few years

Immigration Approval Notices

• Approved I-140 Petition Notice
• Approved PERM Labor Certification Notice

Medical & Financial Records

• Completed and signed Form I-693 (Medical Exam)
• Financial documents showing the applicant is not likely to become a “public charge.”

Tips for a Successful H-1B to Green Card Journey

1. Start Your Green Card Process as Early as Possible: Do not wait until your H-1B is close to expiring. Since the PERM process alone can take over a year, starting early protects your legal stay and reduces stress. The best time to begin is within your first or second year of H-1B status.
2. Choose the Correct Employment Category Carefully: Many delays happen because applicants are placed in the wrong Green Card category, especially between EB-2 and EB-3. Ask yourself: does your job truly require a master’s degree, and does your experience match the PERM job requirements?
3. Maintain Continuous Legal Status at All Times: Even a short gap in status can create serious Green Card problems. If you change employers, lose your job, or travel outside the U.S., always confirm that your immigration status remains protected.
4. Avoid Job Changes During the PERM Stage: Changing employers during PERM often means restarting the entire Green Card process and losing your waiting time. If a job change is unavoidable, get legal guidance before making the move.
5. Track the Visa Bulletin Every Month: Many applicants miss their chance to file Form I-485 simply because they are not watching the monthly Visa Bulletin. When your priority date becomes current, your filing window may be short.
6. Use H-1B Extensions Under AC21 Properly: If your Green Card is delayed, AC21 allows you to extend your H-1B beyond six years under the one-year or three-year extension rules. This keeps you lawfully employed during long backlogs.
7. Keep All Immigration and Employment Records Organized: Always save your H-1B approval notices, old visas, I-94 travel records, pay stubs, and tax returns. You will need these documents during I-485 filing and possible USCIS interviews.
8. Be Honest and Consistent in All Applications: Never change job duties, experience, or education details just to qualify. USCIS cross-checks all information, and inconsistencies can lead to RFEs, denials, or long delays.
9. Understand When You Can Safely Change Jobs: Safe job changes usually happen after I-140 approval or after I-485 has been pending for 180 days under portability rules. Changing too early can cancel your Green Card case.
10. Protect Your Family’s Immigration Status: Always keep your spouse’s H-4 status valid and track your child’s age under CSPA rules. Family document delays can hold up your entire Green Card approval.
11. Do Not Travel Without Proper Approval After I-485 Filing: Once your I-485 is filed, leaving the U.S. without Advance Parole may result in automatic abandonment of your application. Always confirm travel rules before booking tickets.
12. Get Legal Help for Audits, RFEs, or Denials: PERM audits, RFEs, employer layoffs, EB-1 filings, and job changes during I-485 processing require professional legal help. Timely advice can save years of delay and major financial losses.

Do You Need a Lawyer for the H-1B to Green Card Process?

The employment-based Green Card process is one of the most complex areas of U.S. immigration law.

When Legal Help Is Critical

A lawyer is crucial for:

1. PERM Certification: Ensuring compliance with recruitment and prevailing wage rules.
2. Strategic Decisions: Advising on EB-2 vs. EB-3 downgrading and I-485 filing timing.
3. Complex Issues: Handling denials, audits, job changes, or CSPA “aging out” issues.

Risks of Self-Filing Without Legal Review

Incorrect filing can lead to a Request for Evidence (RFE), denial, or even a loss of Priority Date, adding months or years to the process.

How ImmigrationDirect Helps with the H-1B to Green Card Process

ImmigrationDirect offers technology-driven assistance coupled with legal review to ensure accuracy in your filing:

Attorney-Reviewed Filings

We provide step-by-step software tools that simplify the complex forms, which are then reviewed by licensed immigration attorneys before submission.

Step-by-Step Filing Assistance

Our system walks you through document gathering and preparation, ensuring you meet all compliance requirements for the DOL and USCIS.

Employer & Applicant Support

We assist both the sponsoring employer with the PERM and I-140 steps, and the applicant with the final I-485 filing and associated EAD/AP applications.