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H1B to Green Card: Your Path to Permanent Residency

Transitioning from an H1B visa holder to a Green Card holder opens the door to new opportunities and stability. This shift from temporary to permanent residency in the United States involves specific steps in the immigration process.

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Published onSeptember 13, 2024
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H1B to Green Card: Your Path to Permanent Residency

Transitioning from an H1B visa holder to a Green Card holder opens the door to new opportunities and stability. This shift from temporary to permanent residency in the United States involves specific steps in the immigration process.

The ABCs of Moving from H1B to a Green Card

What does it take to move from H1B status to a Green Card? The journey includes several steps that require careful planning and patience.

Step 1: Secure Your Employment

The process begins with employment. If you are already working in the U.S. under an H1B visa, your employer is your ally in this journey. They will sponsor you for the Green Card, acknowledging your skills and contributions.

Step 2: Navigate the PERM Process

Your employer must complete the PERM Labor Certification process. This involves demonstrating that no qualified U.S. workers are available for your position. The employer advertises the job and carefully reviews applicants. If successful, the Department of Labor (DOL) approves the application.

Step 3: File the I-140 Petition

Once you obtain PERM certification, your employer files the I-140, Immigrant Petition for Alien Workers. This form confirms the employer's ability to pay your salary and highlights your qualifications. Approval of this petition is a significant milestone in your Green Card journey.

Step 4: Apply for Adjustment of Status

After I-140 approval and when your priority date becomes current, you can submit the I-485, Application to Register Permanent Residence or Adjust Status. This application reviews your personal history and confirms your eligibility. During this time, you can also apply for an Employment Authorization Document (EAD) and an Advance Parole document if you wish to work or travel while your application is processed.

Step 5: Attend the Interview

You may need to participate in an interview as part of the Green Card application process. This interview is an opportunity to discuss your application and demonstrate your commitment to living in the U.S.

Alternative: Consular Processing

If you are outside the U.S., you can pursue consular processing. Instead of adjusting your status within the country, you will apply for your Green Card through a U.S. consulate or embassy.

Stay Organized

Successfully transitioning requires careful organization. Keep track of visa bulletins, wait times, and required documents. Stay informed about each step of the process to navigate your path effectively.

The journey from H1B visa to Green Card involves several key steps and careful planning. As you move forward, remember that this process is not just about forms; it is about establishing your future in the U.S. With determination and preparation, you can achieve permanent residency and build your life in America.

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