How to Change from an H-1B Visa to a Green Card
The H-1B visa is a temporary dual-intent work visa that allows an individual to enter the US to work with the intention of becoming a permanent resident. The visa is valid for up to three years and can be extended for an additional three years for a maximum stay of six years. If you have an H-1B visa and intend to pursue a green card to live permanently in the US, further extensions may be granted.
There are different ways to apply for a green card, including employment sponsorship and family sponsorship. The requirements and processes vary depending on the specific category. It is important to work with an experienced US immigration lawyer to determine the best option.
Employer-Sponsored Transfer
If your employer is willing to sponsor your green card, they will need to file a Program Electronic Review Management (PERM) labour certification application with the Department of Labor (DOL) to show that there are no qualified US workers available for the job.
Your employer must advertise your role in at least three different sources for a certain length of time. They must also show that they have actively reviewed resumes and interviewed candidates who are US citizens or permanent residents.
Once the DOL approves the PERM, the employer will need to file an immigrant petition (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS). The Form I-140 will demonstrate that the employer can pay the offered wage and that the job offer is valid.
Once your Form I-140 is approved, you can apply from within the United States to adjust your status to that of a lawful permanent resident (green card holder). If you are outside the United States, you can apply for an immigrant visa at a US consulate.
It’s worth noting that the process of obtaining a green card through employer sponsorship can be lengthy and complicated, and it is subject to certain quotas and restrictions. Additionally, the employer must comply with various regulations and requirements throughout the process. It’s recommended to seek the advice of an experienced US immigration lawyer to guide you through the process.
Family-Sponsored Transfer
Another option for changing your H1-B visa to a green card is through family sponsorship.
To begin the process, a qualifying family member who is a US citizen or lawful permanent resident must file an immigrant petition for Alien Relative (Form I-30) on your behalf. The most common family relationships that qualify for sponsorship are spouses, parents, and children, although other relationships may also be eligible.
Once your Form I-30 petition is approved, the next step is to apply for a visa. You must provide evidence of your relationship to the sponsoring family member and meet other eligibility requirements to secure your immigrant visa.
Once a visa number has been issued, you will need to file a Form I-485 to adjust your status (if you are already in the US) or apply for an immigrant visa (if you are outside the US). It’s essential to keep in mind that the timelines can change at any time due to various factors, such as changes in immigration policies and backlogs in the immigration system, so ensure you seek guidance from a US immigration lawyer.
US Immigration Lawyer in Montreal
US immigration law can be complex and is constantly evolving. Hiring a US immigration lawyer increases your chances of success.
If you are searching for an experienced immigration lawyer in Montreal, contact Silver Immigration. Our attentive lawyer, Matthew Silver, will help you navigate the process, ensuring that you meet all the requirements and avoid potential pitfalls that could delay or derail your application. He will keep abreast of immigration updates and trends and tailor your process to your unique situation.
Complete our contact form or call us at 1 (888) 799-4769 to schedule your free consultation.
