If you are an immigrant with an H-1B visa and you want to obtain a Green Card, there are several important steps you need to follow. The Green Card provides permanent residency in the United States and is a sought-after status for many immigrants.
The first step in the process is to have your employer file a petition on your behalf. This petition is called an Immigrant Petition for Alien Worker, form I-140. The petition should be filed with U.S. Citizenship and Immigration Services (USCIS) and it is meant to prove that you have a valid job offer and that your employment is in the national interest of the United States.
Once your petition is approved, the next step is to submit an application for adjustment of status. This application is filed with the USCIS and is known as form I-485. You will need to provide various documents and information, including biometrics and medical examination results. It is essential to carefully complete and submit all required documents to avoid any delays or complications in the process.
After submitting your application, you will have to attend an interview at a USCIS field office. This interview is conducted to verify the information provided in your application and to assess your eligibility for a Green Card. It is important to prepare for the interview by reviewing your application and gathering any supporting documents that may be requested.
Once your application is approved, you will receive your Green Card, which grants you permanent residency in the United States. Remember that the process to obtain a Green Card from an H-1B visa can be complex and time-consuming, so it is recommended to seek professional assistance to ensure that you complete all the necessary steps correctly and efficiently.
Research Green Card Categories
Before starting the process of obtaining a green card from an H1B visa, it is important to research the different categories available for employment-based green cards.
There are several immigrant visa categories that are based on employment, each with its own specific requirements and criteria. By understanding the different categories, you can determine which one is the most applicable to your situation and can help you navigate through the application process successfully.
Some common employment-based green card categories include:
- EB-1: Priority Workers
- EB-2: Workers with Advanced Degrees or Exceptional Ability
- EB-3: Skilled Workers, Professionals, and Other Workers
- EB-4: Special Immigrants
- EB-5: Immigrant Investors
Each category has its own set of requirements, and some may have limited availability or preference for certain professions or nationalities.
Once you have researched and identified the most appropriate category for your green card application, you can proceed with the necessary steps and start preparing your petition. Researching the green card categories will give you a better understanding of what is required and what to expect throughout the application process.
Before beginning the application process for a Green Card through an H1B visa, it is essential to determine eligibility. The eligibility criteria are defined by the United States Citizenship and Immigration Services (USCIS) and must be met in order to proceed with the application.
To be eligible for a Green Card through the H1B visa, the following requirements must be satisfied:
The H1B visa holder must have a job offer from a U.S. employer in a specific employment-based category. This category should match the foreign worker’s qualifications, education, and experience.
Approved Immigrant Petition
The U.S. employer must file an immigrant petition on behalf of the H1B visa holder. The petition must be approved by the USCIS before the Green Card application process can begin.
Evidence of Employment
The H1B visa holder must provide evidence of continuous employment in the offered position. This can include employment contracts, pay stubs, and relevant tax documents.
In most cases, the U.S. employer must obtain a labor certification from the Department of Labor (DOL). The labor certification verifies that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not negatively impact the U.S. job market.
There are various eligibility categories for a Green Card through an H1B visa, such as Extraordinary Ability, National Interest Waiver, and Employment-Based Preference. The specific category will depend on the applicant’s qualifications and circumstances.
Determining eligibility is an important step in the Green Card application process. It ensures that the applicant meets the necessary requirements and has all the supporting documents before starting the application. Failing to meet the eligibility criteria can lead to delays or denial of the Green Card application.
File Labor Certification
Once you have obtained the H1B employment visa, the next step in the process of obtaining a green card is to file a labor certification with the Department of Labor (DOL). The labor certification is also known as the PERM (Program Electronic Review Management) process.
The labor certification process is a way for employers to demonstrate that there are no qualified U.S. workers available for a particular job, and therefore, hiring a foreign worker is necessary. It involves several steps and can be a lengthy process.
Steps to File Labor Certification
- Recruitment: The employer must conduct a series of recruitment efforts, including advertising the job opening in a national newspaper, posting the job on the State Workforce Agency’s website, and actively recruiting U.S. workers for the position.
- Job Description and Requirements: The employer must clearly define the job description and requirements for the position, including the qualifications, skills, and experience necessary for the job.
- Prevailing Wage Determination: The employer must obtain a prevailing wage determination from the DOL. This determines the minimum wage that must be offered to potential employees for the specific job in the specific geographic area.
- Filing the Labor Certification: Once the recruitment efforts are completed and the prevailing wage determination is obtained, the employer can file the labor certification with the DOL. This includes submitting various forms and supporting documentation.
- Processing and Approval: The DOL will review the labor certification application and may request additional information or clarification. Once the application is reviewed and approved, the employer can proceed with the next step in the green card process.
It is important to note that the labor certification process can take several months or even years to complete, depending on various factors such as the backlog of applications and the complexity of the case. It is recommended to consult with an immigration attorney to ensure that the labor certification is filed correctly and to navigate through the process smoothly.
Once the labor certification is approved, the employer can proceed with filing an immigrant petition on behalf of the employee to obtain the green card. This is typically done through Form I-140, Immigrant Petition for Alien Worker.
Overall, filing a labor certification is a crucial step in the process of obtaining a green card from an H1B visa. It demonstrates that the employer has made a good faith effort to hire U.S. workers and that there is a genuine need to fill the job position with a foreign worker.
Submit Form I-140
Once you have obtained your H1B visa and have been granted employment in the United States, the next step in the green card process is to submit Form I-140, Immigrant Petition for Alien Worker. This form is filed by your employer on your behalf.
The purpose of Form I-140 is to establish that there is a job opportunity available in the United States for which qualified U.S. workers are not available and that you, as the H1B visa holder, possess the necessary qualifications and skills to fill that job.
When submitting Form I-140, you will need to provide supporting documentation such as your employment contract, educational credentials, letters of recommendation, and any relevant work experience. Your employer will also need to pay the required filing fee.
|Complete Form I-140.
|Gather supporting documents.
|Submit Form I-140 and supporting documentation to USCIS.
|Pay the filing fee.
Once USCIS receives your application, they will review it and make a decision on whether to approve your immigrant petition. If approved, you will be one step closer to obtaining your green card. If denied, you will have the opportunity to appeal the decision or explore other options.
Submitting Form I-140 is an important step in the process of obtaining a green card from an H1B visa. It is crucial to ensure that all the necessary information and supporting documentation is provided accurately and on time to increase the chances of a successful outcome.
Complete Form I-485
To obtain a green card through the H1B visa, one of the crucial steps in the process is completing Form I-485, also known as the Application to Register Permanent Residence or Adjust Status. This form is used by the immigrant to petition for a change in their immigration status from non-immigrant (H1B visa) to immigrant (green card).
Form I-485 is an essential part of the employment-based green card application process as it allows the H1B visa holder to adjust their status while remaining in the United States. This form is used to demonstrate eligibility for permanent residency and to provide detailed information about the applicant’s background, employment, and immigration history.
When completing Form I-485, it is important to ensure accuracy and completeness. Any mistakes or missing information could delay the processing time or even result in the denial of the application. It is advisable to carefully review the instructions and gather the necessary supporting documents before filling out the form.
Some of the key information that needs to be provided on Form I-485 includes personal details, such as name, address, and date of birth, as well as immigration history, employment history, and any criminal or immigration violations. It is crucial to answer all questions truthfully and to include any required supporting documentation, such as birth certificates, marriage certificates, or employment letters.
Once the Form I-485 is completed, it should be mailed to the appropriate address along with the filing fee and any required supporting documents. It is recommended to keep a copy of the completed form and all supporting documents for personal records.
After submitting Form I-485, the applicant will receive a notice of receipt confirming that their application has been received by the United States Citizenship and Immigration Services (USCIS). They may also be called for an interview or biometrics appointment to verify the information provided in their application.
Completing Form I-485 is a critical step in the process of obtaining a green card from an H1B visa. It is essential to follow all instructions, provide accurate information, and include the necessary supporting documents to increase the chances of a successful outcome.
Gather Supporting Documents
When applying for a Green Card through the employment-based H1B visa, it is important to gather all the necessary supporting documents to successfully complete the application process. These documents play a crucial role in establishing your eligibility as an immigrant and supporting your petition for a Green Card.
Here are the steps to gather the required supporting documents:
1. Employment Documents
- Offer letter from your current employer
- Employment verification letter
- Pay stubs or salary statements
- Job description and performance evaluations
2. H1B Visa Documents
- H1B approval notice (Form I-797)
- Copies of H1B visa stamps in your passport
- Employment history related to your H1B visa status
3. Education Documents
- Academic certificates and degrees
- Transcripts from educational institutions
- Educational evaluations for foreign degrees
4. Passport and Identification
- Valid passport with your current H1B visa
- Copy of your passport identification page
5. Financial Documents
- Bank statements showing financial stability
- Tax returns for previous years
- Proof of assets or investments
6. Other Supporting Documents
- Birth certificate or other identification documents
- Marriage certificate (if applicable)
- Proof of relationship with immediate family members
- Proof of current address
- Photographs as per the requirements
It is important to ensure that all the documents are accurate and up-to-date. Organizing the supporting documents in a clear and systematic manner will help streamline the application process and increase the chances of a successful Green Card application.
Pay Filing Fees
One of the necessary steps in the process of obtaining a green card from an H1B visa is to pay the required filing fees. As an immigrant, you must submit the appropriate fees along with your petition or application for employment-based green card.
The specific filing fees that you need to pay will depend on the type of green card application you are submitting and your immigration category. It is important to carefully review the instructions provided by the U.S. Citizenship and Immigration Services (USCIS) to determine the correct fee amount for your application.
To pay the filing fees, you can use a variety of methods, such as credit card, debit card, electronic bank transfer, or by mailing a check or money order. It is essential to include the correct payment method and information in your application to ensure that your fees are processed correctly.
It is important to note that the filing fees are subject to change, so it is crucial to check the USCIS website or consult with an immigration attorney to verify the current fee amounts before submitting your application. Failure to include the correct fees may result in a rejection or delay in processing your green card application.
Once the filing fees are paid, you should keep a copy of the receipt for your records and include a copy with your application. This will serve as proof of payment and help track the progress of your application.
Paying the filing fees is an integral part of the green card application process for H1B visa holders. By ensuring that you submit the correct fees and include proof of payment, you can help expedite the processing of your green card application and move one step closer to obtaining permanent residency in the United States.
|Green Card Application Type
|Employment-based green card
|$700 to $1,750
|Family-sponsored green card
|$1,225 to $2,295
|Diversity visa (green card lottery)
Attend Biometrics Appointment
Once your petition for a green card through employment has been approved and your application is being processed, you will be required to attend a biometrics appointment. This appointment is an important step in the process of obtaining your green card as an immigrant worker on the H1B visa.
What is a Biometrics Appointment?
A biometrics appointment is a meeting with the United States Citizenship and Immigration Services (USCIS) where you will have your fingerprints, photograph, and signature taken. This information will be used to create your official identification card and to conduct background checks.
What to Expect at the Biometrics Appointment
During the appointment, you will be asked to provide certain documentation, including your appointment notice and your current passport. You will also be required to submit your biometric information, which will be captured digitally. This information will then be stored securely and used for identity verification and security purposes.
The appointment itself is typically brief, usually lasting around 30 minutes. You will be guided through the process by a USCIS representative who will explain each step and answer any questions you may have.
It is important to arrive at your appointment on time and to bring all necessary documentation. Failure to do so may result in a delay in the processing of your application.
|Documents to Bring
|This notice will be sent to you by USCIS and will provide the details of your appointment, including the date, time, and location.
|You will need to provide your valid and unexpired passport as a form of identification.
Attending your biometrics appointment is a crucial step in the process of obtaining your green card as an H1B visa holder. By providing your biometric information, you are ensuring that your application is complete and accurate, and that you meet the necessary requirements for immigrant status. Following this appointment, the USCIS will continue to process your application, and you will be one step closer to receiving your green card and becoming a permanent resident of the United States.
Attend Green Card Interview
Once your H1B to Green Card process is completed and your application and petition have been approved, you will be scheduled for a Green Card interview.
The interview is an important step in the process of obtaining your Green Card as an employment-based immigrant. It is conducted by a U.S. Citizenship and Immigration Services (USCIS) officer, who will review your application and supporting documents.
During the interview, the officer may ask you questions about your employment history, qualifications, and the nature of your job. It is important to be prepared and answer these questions honestly and accurately.
At the interview, you may also be asked to provide any additional documents or evidence that supports your application. This could include but is not limited to, proof of your employment, tax returns, and any other documents that show your eligibility for the Green Card.
It is important to dress appropriately for the interview and arrive on time. The officer will assess your credibility, so it is important to be professional and respectful throughout the interview.
After the interview, the USCIS officer will make a decision on your Green Card application. If approved, you will receive your Green Card in the mail. If there are any additional steps or documentation required, the officer will inform you.
Attending the Green Card interview is a crucial part of the process, as it allows the USCIS officer to verify the information provided in your application and ensure that you meet the requirements for obtaining a Green Card through employment.
Note: The specific details and procedures for the interview may vary depending on your individual circumstances and the USCIS office where the interview is scheduled to take place. It is recommended to consult with an immigration attorney or seek legal advice to prepare for the interview and ensure a smooth process.
Submit Additional Evidence
As part of the steps to obtain a Green Card from an H1B Visa, it is important to understand the process of submitting additional evidence to support your immigrant petition.
1. Understand the requirements
Before you begin the process, it is crucial to review the specific requirements for your Green Card application. Each category of immigrant visa has its own set of criteria, so make sure that you are familiar with the requirements for your particular situation.
2. Gather the necessary documents
Once you have a clear understanding of the requirements, gather all the supporting documents and evidence that are needed for your application. This may include employment records, educational qualifications, marriage certificates, and any other relevant documentation that proves your eligibility for a Green Card.
|Provide evidence of your work history, including pay stubs, tax returns, and employment contracts.
|Submit copies of your educational degrees, diplomas, or certifications that demonstrate your qualifications for the position.
|If you are applying for a Green Card through marriage, include a copy of your marriage certificate.
|Other Relevant Documentation
|Depending on your specific situation, you may need to provide additional documents such as birth certificates, divorce decrees, or medical records.
Make sure that all the copies of your documents are clear and legible. It is also a good idea to organize them in a logical order to make it easier for the immigration officer to review your application.
Once you have gathered all the necessary evidence, make sure to keep the originals in a safe place and submit only copies with your application.
By submitting additional evidence, you can strengthen your Green Card application and increase your chances of approval. It is important to ensure that you provide all the required documentation in a timely manner to avoid any delays in the application process.
Await Decision on Form I-485
After completing the necessary steps to obtain a green card from an H1B visa, the next crucial step is to await a decision on the Form I-485 application.
Form I-485, also known as an Application to Register Permanent Residence or Adjust Status, is an important document in the process of becoming an immigrant and obtaining lawful permanent residence in the United States.
Once the I-485 application is submitted, it undergoes a thorough review by the United States Citizenship and Immigration Services (USCIS). The USCIS will evaluate the application to determine if the individual is eligible to adjust their status from a nonimmigrant to an immigrant.
The length of time it takes to receive a decision on the I-485 application can vary. It is essential to check the USCIS website regularly to track the progress of the application. The USCIS website provides information regarding the current processing times for various types of petitions and applications.
During this waiting period, it is crucial to maintain valid H1B status and employment. The H1B visa should remain valid until the decision on the I-485 application is made. This is important because the pending I-485 application allows individuals to continue working legally in the United States while their green card application is under review.
If there are any changes in employment or personal circumstances, it is essential to inform the USCIS promptly. Failure to update the USCIS about any changes may result in delays or complications in the green card application process.
Once a decision is made on the I-485 application, the applicant will receive notification via mail. If the application is approved, the individual will be issued a green card, granting them lawful permanent residence in the United States. If the application is denied, the petitioner will receive a notice explaining the reasons for the denial.
It is important to note that the decision on the I-485 application can take several months or even longer. As such, it requires patience and thoroughness with each step of the application process.
Awaiting a decision on the Form I-485 application is a significant part of obtaining a green card from an H1B visa. It is crucial to remain informed, maintain valid H1B status, and promptly update the USCIS of any changes to ensure a smooth and successful transition to permanent residency in the United States.
Receive EAD and Advance Parole
Once your petition for a green card has been approved and you have submitted your application for adjustment of status, the next steps in the process involve receiving your Employment Authorization Document (EAD) and Advance Parole.
The EAD allows you to legally work in the United States while your green card application is being processed. It typically takes around 3-5 months to receive your EAD after you have filed your application. Once you have your EAD, you can start seeking employment opportunities in the United States.
The Advance Parole document, on the other hand, allows you to travel outside the United States and return while your green card application is pending. With Advance Parole, you can visit your home country or travel to other destinations without jeopardizing your green card application.
In order to receive your EAD and Advance Parole, you must file Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) respectively. These forms can be filed together with your green card application or separately if you have already filed your green card application.
It is important to note that receiving your EAD and Advance Parole does not guarantee the approval of your green card application. These documents simply allow you to work and travel while the application is being processed.
Key Points to Remember:
- Receiving an EAD allows you to legally work in the United States while your green card application is being processed.
- Advance Parole allows you to travel outside the United States and return without jeopardizing your green card application.
- File Form I-765 to apply for an EAD and Form I-131 to apply for Advance Parole.
- Receiving an EAD and Advance Parole does not guarantee the approval of your green card application.
By following these steps and completing the necessary applications, you can receive your EAD and Advance Parole, which will provide you with more opportunities during the green card application process.
Apply for Social Security Number:
Once your green card application has been approved, and you have received your employment authorization document (EAD), you can start the process of applying for a Social Security Number (SSN).
Step 1: Gather the Required Documents
Before applying for an SSN, make sure you have the necessary documents, including but not limited to:
- Your valid passport
- Form I-551, Permanent Resident Card (green card)
- Your employment authorization document (EAD)
- Form SS-5, Application for a Social Security Card
- Evidence of your immigrant status (approved green card application)
Step 2: Complete the SSN Application
Fill out Form SS-5, Application for a Social Security Card. You can either download the form from the Social Security Administration (SSA) website or obtain it from your local SSA office.
Make sure to provide accurate and complete information on the form, including your name, date of birth, and immigration status. If you have any questions about filling out the form, you can contact the SSA or seek assistance from an immigration attorney.
Step 3: Submit Your Application
Once you have completed the SSN application, you can submit it in person or by mail to your local SSA office. If you choose to submit it in person, make sure to bring all the required documents with you.
If you choose to mail your application, be sure to send it through registered mail or any other secure method to ensure its safe delivery.
Once the SSA receives your application, they will process it and assign you a Social Security Number. You will receive your SSN card by mail within a few weeks.
Having a Social Security Number is essential for various purposes, including employment and filing taxes. Make sure to apply for your SSN as soon as possible to ensure you can fully utilize the benefits and privileges associated with your immigrant status.
Maintain H1B Status
To obtain a Green Card from an H1B visa, it is important to maintain your H1B status throughout the process. This ensures that you meet all the necessary requirements and stay eligible for the Green Card application.
Adhere to H1B Visa Conditions
The first step to maintaining your H1B status is to comply with all the conditions of your H1B visa. This includes working for the employer who sponsored your H1B petition and performing the job duties specified in the petition. It is crucial to follow these conditions to avoid any issues during the Green Card application process.
Extend H1B Status if Needed
If your H1B visa is set to expire before the Green Card process is complete, you should consider extending your H1B status. This involves filing a new H1B application with the U.S. Citizenship and Immigration Services (USCIS) to continue your employment in the United States. It is essential to maintain valid H1B status to ensure a smooth transition to permanent residency.
Remaining employed with the sponsoring employer is crucial for maintaining H1B status. Any changes in employment, such as switching employers or changing job roles, require filing a new H1B petition. It is important to consult an immigration attorney or the employer’s HR department for guidance in such situations to ensure compliance with immigration laws.
Follow Immigration Rules and Regulations
It is essential to stay informed about the latest immigration rules and regulations. Any violations, such as working without authorization or staying longer than allowed, can jeopardize your H1B status and Green Card application. Staying updated with the immigration laws and regulations can help you avoid any unintentional violations and maintain your status.
By maintaining your H1B status, you can ensure a smooth and uninterrupted process for obtaining a Green Card. Consulting an immigration attorney for guidance throughout the process is highly recommended to handle any complexities and ensure compliance with immigration laws.
File Form I-765
One of the important steps in the process of obtaining a Green Card from an H1B visa is to file Form I-765, Application for Employment Authorization. This form allows H1B visa holders to apply for an Employment Authorization Document (EAD), which grants them the permission to work in the United States while their Green Card petition is pending.
The Form I-765 should be filed with the United States Citizenship and Immigration Services (USCIS) along with the required supporting documents and fees. It is important to carefully complete the form and provide accurate information to avoid delays or denial of the application.
When filing Form I-765, H1B visa holders should indicate that they are applying based on their pending immigrant petition by selecting the appropriate eligibility category, which is (c)(9). This category indicates that the individual is an H1B nonimmigrant seeking adjustment of status to that of a lawful permanent resident.
Applicants should also provide the receipt number of their Green Card petition and submit any additional supporting documents required by the USCIS. These documents may include a copy of the H1B approval notice, a copy of the Form I-797C Notice of Action for the Green Card petition, and any other relevant documents that establish eligibility for the Employment Authorization Document.
Once the Form I-765 is filed, the USCIS will review the application and supporting documents. If approved, the applicant will receive an EAD, which allows them to work legally in the United States until their Green Card is issued.
It is important to note that the filing of Form I-765 does not guarantee approval of the Employment Authorization Document. The USCIS will consider various factors when reviewing the application, such as the applicant’s immigration status, eligibility for adjustment of status, and compliance with immigration laws.
Overall, filing Form I-765 is a crucial step for H1B visa holders who are seeking to obtain a Green Card. It allows them to continue their employment in the United States while the immigrant petition is being processed, providing them with stability and the ability to work legally during this transitional period.
Apply for Adjustment of Status
Once you have secured your H1B visa, the next step in the process of obtaining a green card is to apply for adjustment of status. This allows you to switch your status from a non-immigrant to an immigrant, and eventually become a permanent resident of the United States.
Filing the Petition
The first step in the adjustment of status process is to file a petition. This petition, also known as Form I-485, Application to Register Permanent Residence or Adjust Status, is submitted to the U.S. Citizenship and Immigration Services (USCIS). When filing the petition, you will need to provide various documents and evidence to support your application.
Documents and Evidence
When filing the adjustment of status application, you will need to submit the following documents:
|The completed and signed application form
|Evidence to prove your eligibility for the green card
|Recent passport-sized photos as per USCIS specifications
|The required fee for filing the application
It is important to ensure that all the required documents are complete and accurate when submitting your application. Any missing or incorrect information can cause delays or even result in your application being denied.
Once your application has been submitted, USCIS will review it and may request additional evidence or schedule an interview. It is important to respond promptly and thoroughly to any requests from USCIS to avoid any delays in the process.
By following these steps and completing the adjustment of status process, you will be one step closer to obtaining your green card and becoming a permanent resident of the United States.
Obtain Medical Examination
As part of the application process to obtain a green card from an H1B visa, it is necessary to undergo a medical examination. This examination is conducted to ensure that immigrants coming to the United States are in good health and do not pose a threat to public health.
The medical examination must be conducted by a designated civil surgeon approved by the U.S. Citizenship and Immigration Services (USCIS). The civil surgeon will evaluate the applicant’s overall health, including conducting a physical examination and reviewing medical history.
The examination will involve various tests, such as a tuberculosis test, a blood test, and a review of vaccination records. In addition, the civil surgeon may require additional tests depending on the applicant’s circumstances, such as a chest X-ray or an HIV test. The civil surgeon will provide the applicant with a completed Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, which must be submitted as part of the green card application.
It is important to note that the medical examination must be conducted within one year prior to filing the green card application. Any medical examination conducted earlier than one year prior to filing will not be valid.
Once the medical examination is completed, the applicant must ensure that all necessary documentation, including the completed Form I-693, is included in the green card application package. Failure to include the required medical examination documentation may result in the rejection of the application.
Overall, obtaining a medical examination is an essential step in the process of obtaining a green card from an H1B visa. It is important to follow the instructions of the designated civil surgeon and provide all required documentation in order to successfully complete this step of the application process.
File Form I-131
As part of the steps to obtain a Green Card from an H1B visa, one of the important things to do is to file Form I-131, which is also known as the Application for Travel Document.
This petition is crucial as it allows H1B visa holders to travel outside of the United States without jeopardizing their immigration process. It is especially important if you have to travel for personal or professional reasons during the employment-based Green Card process.
Here are some key points to keep in mind regarding the Form I-131:
1. Purpose of Form I-131
The purpose of Form I-131 is to request a travel document, also known as an Advance Parole document, which allows H1B visa holders to reenter the United States after temporary travel abroad while their Green Card application process is underway.
2. Who should File Form I-131
H1B visa holders who have filed an immigrant petition for a Green Card through employment and have an approved Form I-140 or have a pending Form I-485 (Adjustment of Status) should file Form I-131 if they need to travel outside of the United States.
- H1B visa holders who do not have an approved Form I-140 or a pending Form I-485 should consult with an immigration attorney before filing Form I-131.
- If you have already filed Form I-485, you may be eligible for an Automatic Revalidation of your H1B visa upon reentry to the United States from a trip of less than 30 days to Canada, Mexico, or the adjacent islands.
3. Filing Process
To file Form I-131, you must complete the form accurately and include the required supporting documentation, such as a copy of your H1B visa, Form I-797 (Notice of Action), and any other relevant documents. Make sure to follow the instructions provided by the U.S. Citizenship and Immigration Services (USCIS) when completing and submitting the form.
Once you have properly completed the form, you can submit it by mail or online through the USCIS website. Be sure to keep a copy of the submitted form and any supporting documents for your records.
After submitting Form I-131, you will receive a receipt notice from the USCIS. This notice will have a unique receipt number that you can use to track the status of your application online.
It is important to note that you should not travel outside of the United States until you have received the approved Form I-131 and the Advance Parole document.
Overall, filing Form I-131 is an essential step in the process of obtaining a Green Card from an H1B visa. It allows H1B visa holders to travel outside of the United States while their Green Card application is pending, ensuring they can maintain their employment and immigration status.
Complete Form I-693
As part of the steps involved in transitioning from an H1B visa to a green card, one important requirement is to complete Form I-693, also known as the Report of Medical Examination and Vaccination Record. This form is necessary to ensure that immigrants entering the United States are not carrying any communicable diseases that could pose a public health risk.
When filing an application or petition for an employment-based green card, it is essential to include a completed copy of Form I-693. The process involves scheduling a medical examination with a designated Civil Surgeon approved by the U.S. Citizenship and Immigration Services (USCIS).
The Civil Surgeon will conduct a thorough examination and complete the necessary sections of Form I-693, documenting the results of the medical examination and any required vaccinations. It is important to make sure that all sections of the form are properly filled out and signed by the Civil Surgeon.
It is crucial to note that the medical examination must be conducted within certain time frames specified by the USCIS. Generally, the examination should take place no more than 60 days before filing the application or petition for the green card.
Once the medical examination is complete and Form I-693 is properly filled out, it should be sealed in an envelope by the Civil Surgeon. This sealed envelope should not be opened by the applicant but should be submitted along with the application or petition for the green card to the USCIS.
It is important to understand that Form I-693 is just one aspect of the whole process of transitioning from an H1B visa to a green card. It is necessary to ensure that all other required forms, documents, and fees are properly prepared and submitted within the specified time frames to avoid any delays or issues in the application process. Seeking professional guidance from an immigration attorney or consultant can also be helpful in navigating through the complex process and ensuring a smooth transition.
Follow-Up on Application Status
Once you have completed the necessary steps to obtain a green card from an H1B visa, it is important to stay informed about the progress of your application. The process of becoming a permanent resident or immigrant is complex and can take time, so it is crucial to follow up on your application status.
1. Check the USCIS website: The United States Citizenship and Immigration Services (USCIS) provides an online portal where you can track the progress of your green card application. Visit the USCIS website and enter the receipt number you received after submitting your application.
2. Contact USCIS: If you do not receive any updates through the online portal or if you have specific questions about your application, you can contact USCIS directly. They have a toll-free number and a variety of other contact options available on their website.
Key Points to Keep in Mind:
a. Processing times: Understand that the processing time for green card applications can vary based on a variety of factors, such as the USCIS workload or any additional requirements needed for your specific employment-based green card category.
b. Responding to USCIS requests: It is crucial to respond promptly to any requests for additional information or documentation from USCIS. Failure to do so could result in delays or even denial of your application.
By actively following up on your application status, you can ensure that the process of obtaining your green card from an H1B visa is as smooth as possible. Remember to stay informed, stay prepared, and take any necessary actions to move your petition forward.
Receive Conditional Green Card
Once your petition has been approved and your priority date becomes current, you will be eligible to apply for a conditional immigrant visa or green card.
The process of applying for a conditional green card involves several steps:
|File Form I-485, Application to Register Permanent Residence or Adjust Status, with the United States Citizenship and Immigration Services (USCIS).
|Include all required supporting documents along with the application, such as proof of employment with the sponsoring employer, proof of the underlying employment-based immigrant petition, and any necessary medical examinations.
|Pay the required filing fee for the application.
|Attend an in-person biometrics appointment, where your fingerprints, photo, and signature will be taken for background checks.
|Undergo an interview with a USCIS officer to review your application and supporting documents. You may be asked questions about your employment, qualifications, and intentions to live permanently in the United States.
|If approved, you will receive a conditional green card, also known as a Form I-551, which grants you lawful permanent residency in the United States. The conditional green card is valid for two years.
|Within the 90-day period before your conditional green card expires, you must file Form I-751, Petition to Remove Conditions on Residence, to have the conditions removed and receive a permanent green card.
|Include all required supporting documents along with the petition to demonstrate that you entered into a bona fide marriage or that you have remained employed with the sponsoring employer during the conditional period.
|Pay the required filing fee for the petition.
|Attend an in-person biometrics appointment, if requested by USCIS.
|If approved, you will receive a permanent green card, also known as a Form I-551, which grants you lawful permanent residency in the United States without conditions.
|Once you have your permanent green card, you can live and work permanently in the United States as an employment-based immigrant.
Remove Conditions on Green Card
Once you have obtained a green card through the H1B visa process, you may be subject to certain conditions that need to be removed in order to fully secure your permanent residency status in the United States. The process of removing conditions on your green card is commonly known as the “Removal of Conditions” application.
What is the Removal of Conditions Application?
When a green card is obtained through marriage to a U.S. citizen or permanent resident, the green card is initially issued as a conditional green card. This means that after two years of being granted the green card, you will need to file a petition to remove the conditions and receive an unconditional green card. This application is necessary to prove that your marriage is genuine and that you are still eligible for permanent residency.
Steps to Remove Conditions on Green Card
The process to remove conditions on your green card involves several steps:
- Prepare the application package: Gather all the required documents and evidence to support your application. This includes financial records, joint bank statements, lease agreements, photos, affidavits, and any other evidence that demonstrates the validity of your marriage.
- Complete Form I-751: Fill out the official USCIS form I-751, Petition to Remove Conditions on Residence. Provide accurate and honest information about your marriage and any changes in circumstances since you obtained your green card.
- Submit the application: Send your completed form, supporting documents, and the required filing fee to the USCIS.
- Attend Biometrics appointment: After submitting your application, you will be scheduled for a biometrics appointment to have your fingerprints taken.
- Receive the decision: USCIS will review your application and supporting documents. If everything is in order, you will receive an approval notice and your green card will be renewed. If there are any concerns or discrepancies, you may be called for an interview to provide additional evidence.
Important Note: It is crucial to file your removal of conditions application within 90 days before your conditional green card expires. Failure to do so may result in losing your permanent residency status.
The removal of conditions application can be a complex process, and it is recommended to seek the assistance of an immigration attorney to ensure that you provide all the necessary information and evidence to support your case. By following these steps and providing complete and accurate information, you can successfully remove the conditions on your green card and secure your permanent residency in the United States.
Maintain Continuous Residence
One of the key steps in the process of obtaining a green card from an H1B visa is to maintain continuous residence in the United States. Continuous residence means that the applicant has been physically present in the country without any significant absences.
In order to maintain continuous residence, it is important to carefully track and document your time in the United States. This includes keeping records of travel dates, employment history, and any other relevant information that can demonstrate your continuous presence in the country.
Steps to maintain continuous residence:
- Adhere to H1B visa requirements: It is important to comply with all the conditions and requirements of your H1B visa. This includes maintaining employment with your sponsoring employer and adhering to the terms of your visa.
- Avoid extended absences: It is essential to avoid any significant periods of absence from the United States. While some short trips outside the country may be allowed, it is important to keep these absences to a minimum and ensure they do not interrupt your continuous residence.
- Keep records: Maintain thorough records of your time in the United States. This includes documenting your employment history, travel dates, and any other relevant information. These records can serve as evidence to support your application for a green card.
- Renew your H1B visa: Ensure that your H1B visa is valid and renewed as needed. Failing to maintain a valid visa can jeopardize your continuous residence and impact your green card application process.
By maintaining continuous residence in the United States, you can increase your chances of successfully obtaining a green card through the employment-based immigrant petition.
File Form I-751
Once you have obtained your green card through the H1B visa process, it is important to understand the steps to maintain your immigrant status. One important step is filing Form I-751, Petition to Remove Conditions on Residence.
Form I-751 is an application that allows conditional residents to request the removal of conditions on their green card. If you acquired your green card through marriage to a U.S. citizen or permanent resident, you were likely issued a conditional green card that is valid for two years. To maintain your permanent resident status, you must file Form I-751 during the 90-day period before the expiration date on your green card.
Filing Form I-751 is crucial to the immigration process, as failing to file or filing late can result in the termination of your green card status. To successfully file Form I-751, you need to gather supporting documentation that demonstrates your continued eligibility for a green card. This can include evidence of a bona fide marriage, joint financial documents, and shared assets or liabilities.
When filing Form I-751, it is important to include a thorough cover letter that outlines the purpose of your application and includes a detailed explanation of the evidence you are submitting. You should also consider including an affidavit from yourself and your spouse, friends, or family members who can vouch for the authenticity of your marriage and provide additional support.
Once you have completed and signed Form I-751, you should mail it along with your supporting documentation to the appropriate USCIS office. Be sure to include the filing fee and any additional fees that may apply.
It is important to keep a copy of your application and all supporting documentation for your records. USCIS will send a receipt notice to acknowledge the receipt of your application, and you will later be scheduled for biometrics and an interview to provide further evidence of your eligibility.
By following the necessary steps to file Form I-751, you can ensure the continued validity of your green card and maintain your status as a permanent resident in the United States.
Obtain 10-Year Green Card
In order to obtain a 10-year green card, immigrants who are currently in the United States on an H1B visa must go through a specific application process. This process involves several steps that must be followed in order to successfully obtain a green card.
Step 1: Submit an Employment-Based Petition
The first step in obtaining a 10-year green card is to submit an employment-based petition. This involves the employer filing a Form I-140, Immigrant Petition for Alien Worker, on behalf of the H1B visa holder. The employer must demonstrate that the immigrant meets the qualifications for the desired employment category.
Step 2: Complete Form I-485
Once the employment-based petition is approved, the next step is to complete Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used to apply for the green card and must be filed with the appropriate USCIS office.
The applicant will need to provide various supporting documents, such as a valid passport, birth certificate, and proof of eligibility for the green card. They will also need to undergo a medical examination and submit to biometric services, such as fingerprinting.
Step 3: Attend a Green Card Interview
After the I-485 application is submitted, the applicant will be scheduled for a green card interview. During this interview, an immigration officer will ask questions to verify the information provided on the application and to determine the eligibility for the 10-year green card.
It is important to prepare for this interview by reviewing the application materials and being able to provide any requested additional documentation or clarification. The interviewer may also ask questions about the applicant’s background, employment history, and intentions for living in the United States.
Following a successful interview, the applicant will be notified of the decision regarding their green card application.
Overall, obtaining a 10-year green card from an H1B visa requires completing the necessary application steps and going through the application process. It is important to properly follow all instructions and provide accurate and truthful information to maximize the chances of success.
Become Eligible for Naturalization
In order to become eligible for naturalization and obtain a green card from an H1B visa, there are several steps you need to follow:
- Complete the employment process: The first step in the green card application process is to ensure that you have completed the required employment process as an H1B visa holder. This means maintaining your H1B status and complying with all the terms and conditions of your employment.
- Verify your eligibility: Next, you need to verify your eligibility for a green card. This includes meeting the necessary requirements, such as having a lawful immigrant visa petition filed on your behalf, being admissible to the United States, and meeting the specific eligibility criteria for the green card category you are applying for.
- File the green card application: Once you have verified your eligibility, you can proceed to file the green card application. This application will require you to provide detailed information about your background, education, and work history, as well as supporting documentation.
- Attend biometrics appointment: After filing the application, you will be scheduled for a biometrics appointment. During this appointment, your fingerprints and photographs will be taken for background checks.
- Complete the interview: If your application is approved, you will be scheduled for an interview with a U.S. Citizenship and Immigration Services (USCIS) officer. During the interview, you may be asked questions about your background, employment, and intentions for naturalization.
- Take the naturalization oath: If your application is approved and you pass the interview, you will be required to take the naturalization oath. This oath signifies your allegiance to the United States and your commitment to uphold its laws and values.
By following these steps and completing the necessary requirements, you can become eligible for naturalization and obtain a green card from an H1B visa.
What is a Green Card?
A Green Card is an official document that grants an individual lawful permanent residence status in the United States.
Can I apply for a Green Card if I am on an H1B visa?
Yes, as an H1B visa holder, you are eligible to apply for a Green Card. However, there are certain steps you need to follow in order to obtain it.
What are the steps to obtain a Green Card from an H1B visa?
The steps include: obtaining an approved labor certification, filing an immigrant petition, waiting for the visa number to become available, submitting the adjustment of status or going through consular processing, and attending an interview.
How long does it take to obtain a Green Card from an H1B visa?
The process can take several years, depending on various factors such as the type of Green Card you are applying for and the country of your nationality.
What is the advantage of having a Green Card?
A Green Card offers several advantages, including the ability to live and work permanently in the United States, the opportunity to apply for citizenship, and access to various social and government benefits.
How can I obtain a Green Card from an H1B Visa?
To obtain a Green Card from an H1B Visa, you can go through the employment-based immigration process. This involves your employer sponsoring you for permanent residency and filing an immigrant petition on your behalf.