H1B Visa to Green Card: A Comprehensive Guide for Naya Immigration Clients

Thinking about staying in the U.S. long term after starting on H-1B? You are not alone, and the path from temporary work to permanent residence is absolutely doable with the proper steps. At Naya Immigration in Silicon Valley, we help companies grow rapidly and keep their teams satisfied, which in turn boosts retention and reduces employee turnover. In this guide, we walk through how you move from H-1B to an employment-based green card, who qualifies, what forms come first, and the snags to avoid along the way.

Our goal is simple: to help you and your employer move forward with clarity and confidence, with the guidance of an immigration lawyer.

Most foreign workers on H-1B visas adjust through employment-based categories, usually EB-1, EB-2, or EB-3. EB-1 covers individuals of extraordinary ability, including outstanding professors, researchers, and multinational managers. EB-2 covers professionals with advanced degrees or those with exceptional ability, and EB-3 covers skilled workers and professionals. Your category drives recruitment steps, timing, and visa backlogs.

To file Form I-485 inside the U.S., you must have been inspected and admitted, or inspected and paroled, into the country while maintaining your nonimmigrant status. USCIS describes this requirement in the Policy Manual, Volume 7, Part B, Chapter 2, Section A, and it is non-negotiable for adjustment of status within the U.S.

You also need to be eligible to receive an immigrant visa. That usually means you are the beneficiary of an approved immigrant petition, specifically an I-140, a pending I-140 that is later approved, or you file an I-485 together with an I-140 that gets approved, based on the prevailing wage determination.

There are bars to adjustment under INA 245(c). Here are common triggers that can block I-485 approval:

If you are not eligible under 245(a), you might still adjust under INA 245(i) if you have a qualifying petition or labor filing by the statutory deadline and pay the surcharge. This is rare, but it can save a case that would otherwise stall.

All applicants must also be admissible under INA 212(a). If a ground of inadmissibility applies, relief could involve Form I-601 or Form I-212, depending on the issue. Waivers are case-specific, and timing them with your filing plan is crucial.

Now that eligibility is on the table, let’s talk about what your employer needs to do first to accommodate immediate family members.

For EB-2 and EB-3 cases, the employer drives the green card process. H-1B status allows you to remain work-authorized while the employer completes the sponsorship steps.

The PERM Labor Certification is the first step for most EB-2 and EB-3 cases. The company requests a prevailing wage, conducts a structured recruitment process to test the labor market, and files ETA 9089 with the Department of Labor to confirm that there are no qualified, willing U.S. workers available at the offered wage.

After PERM approval, the employer files Form I-140 to classify you in EB-1, EB-2, or EB-3. The I-140 locks in your priority date, which determines when a visa number becomes available for your permanent resident card. If your I-485 has been pending for 180 days or more, job portability under INA 204(j) may allow you to transition to a similar role, typically documented by Supplement J.

With sponsorship responsibilities clear, we can map the entire application from start to finish.

Most H-1B employees follow a three-step path that starts with the employer and ends with permanent residence for the worker and qualifying family. Timing depends on your category and country of chargeability.

PERM Labor Certification, often called PERM, begins with a prevailing wage request. Then, the employer conducts recruitment, documents the results, and files ETA 9089. This step confirms that the job is permanent, the wage meets or exceeds the prevailing wage, and there is no qualified U.S. worker available to fill the role.

Next comes Form I-140. This petition confirms you meet the job requirements, the employer can pay the wage, and it sets or maintains your priority date. Premium processing can expedite I-140 decisions, which can aid in H-1B extensions.

Form I-485 is the application for permanent residence. You can file Form I-485 only when your priority date is current in the Visa Bulletin. Additionally, you can file Form I-485 together with Form I-140 if visa numbers are available. You can pursue a green card without H-1B status, but having H-1B in place usually makes the process smoother.

Below is a high-level timeline. Your facts and the Visa Bulletin will drive the exact pace.

After filing, you can track case status on the USCIS website and watch the Visa Bulletin each month. Many applicants also file Form I-765 and Form I-131 for work and travel while their Form I-485 is pending.

With the roadmap set, it is smart to anticipate and avoid the bumps that cause delays in processing times.,

Delays occur when recruitment is sloppy, forms are inconsistent, or status rules are not followed. Careful preparation, thorough evidence, and timely filings keep your case moving forward.

Stick to your H-1B terms, job title, location, and duties, or file an amendment before changes start. If your PERM or I-140 has been filed for at least 365 days, you can qualify for one-year H-1B extensions past year six, and if you have an approved I-140 but no visa number, you can often get three-year extensions.

USCIS also recognizes recapture of time spent outside the U.S., which can add months back to your H-1B clock. Keep travel records handy to document this time and ensure you maintain your lawful immigration status.

PERM audits and USCIS RFEs are common. Read the notice carefully, answer exactly what is asked regarding the permanent certification, and label exhibits in a way that allows a busy officer to follow without needing to guess.

Gather proof early, such as degree evaluations, experience letters, wage records, and full recruitment documentation. Organized packets speed review and reduce follow-up questions.

Changing jobs during the process needs planning. If your I-485 has been pending for 180 days or more, you can often port your I-140 to a position in the same or a similar job under INA 204(j) if you are an alien worker, documented by Supplement J.

If your employer withdraws an approved I-140 after 180 days, USCIS policy says you keep the priority date, and that approval can still support H-1B extensions. A new sponsor is needed to complete the green card process if the original job is no longer available.

Pre-registration occurs when visa numbers are depleted, and your date is no longer current. This can pause green card approvals, even if your I-485 is ready to proceed.

Plan for longer H-1B extensions, keep your H-1B valid if possible, and maintain clean records. Many workers also rely on EAD and Advance Parole, but maintaining an H-1B status can facilitate travel and job changes.

Once the dust settles and your date becomes current again, USCIS can resume processing the I-485 where it left off.

When the I-485 is approved, you become a lawful permanent resident. You receive an approval notice first, then your card arrives by mail shortly after.

You are expected to work for the sponsoring employer in the offered role, or for the new employer if you properly used portability. If approval is granted when a visa number becomes available, your legal team can finalize the remaining steps, and you should receive your green card.

If you used consular processing instead of I-485, you enter on an immigrant visa and become a resident at admission. The physical card will be delivered to your U.S. address.

Permanent residents can live and work anywhere in the U.S. You can change employers freely, but do not misrepresent your original intent at the time of filing.

Keep residency, file U.S. tax returns as a resident, and avoid long trips that look like you moved away. If you plan to be abroad for an extended period, consider discussing a reentry permit with us before your departure.

Many residents later apply for U.S. citizenship once they meet the time and presence rules. Careful travel planning and clean records make that step smoother.

People get tripped up by mismatched job requirements, weak recruitment files, or gaps in status. A little front-end work pays off big in the long run.

Small steps like these help keep your case crisp and on time.

The H-1B to green card path mixes Labor Department rules with USCIS rules, and both agencies look for tight evidence. A seasoned legal team can identify weak points early, align the PERM, H-1B, and I-140 stories, and reduce avoidable delays.

We draft clear recruitment reports, organize degree and experience proof, and prepare you for audits and interviews. When jobs change or visa numbers retrogress, we adjust the plan so your case stays on track.

If your priority date becomes current suddenly, we will move quickly on I-485, medicals, and Supplement J. That kind of timing can make the difference between waiting another year and getting across the finish line now.

H-1B visas are tied to specific employers and positions, while business immigration covers a broader range of paths, including investors (EB-5), entrepreneurs (E-2), or executives of multinational companies (EB-1C).

Yes. The National Interest Waiver under the EB-2 category allows qualified professionals to apply for a green card without employer sponsorship if their work benefits the United States broadly, such as advancing public health, technology, or economic growth.

In most EB-2 and EB-3 cases, yes, a valid, full-time job offer is required, supported by a certified PERM labor application and an approved I-140.

Adjustment of status is the process of applying for a green card (Form I-485) while living in the U.S. legally, without leaving the country for consular processing. You can file for adjustment once your priority date is current according to the Visa Bulletin. Maintaining your H-1B status until approval is highly recommended.

The CSPA helps eligible dependent children avoid “aging out,” which occurs when they turn 21 before a green card is issued. It can freeze or subtract some waiting time from a child’s age calculation, depending on when your I-140 was filed and approved. If you have dependent children nearing 21, it’s crucial to closely monitor visa bulletin dates and consult with counsel before delays cause them to lose their derivative status.

Naya Immigration has supported Bay Area companies and talented foreign nationals for decades, with a focus on growing teams and keeping employees happy long term. We help employers and H-1B professionals establish a clear, cost-effective path to a green card, which includes ensuring the proper filing of employer petitions and other necessary documents.

If you are ready to talk about your timeline and options, the process involves a detailed discussion of your facts. Reach out, and we will walk through your facts in plain English. Call 650-499-5187 or visit our website to schedule a confidential consultation.

We welcome your questions, and we are happy to review stuck or delayed cases with a fresh perspective. Our team strives for results, and we prioritize your peace of mind throughout the process.