Question 1

How long does it take to get a green card from H-1B?

Accepted Answer

For most countries, the H-1B to green card process takes 2-4 years. However, for India and China, the wait can be 10+ years due to per-country visa limits and significant backlogs. The timeline includes PERM labor certification (6-12 months), I-140 petition (6-9 months or 15 days with premium processing), and I-485 adjustment of status (10-18 months when your priority date is current).

Question 2

What is the fastest path to a US green card?

Accepted Answer

The fastest employment-based paths are: 1) EB-1A for individuals with extraordinary ability (self-petition, no labor certification needed, 1-2 years), 2) EB-2 NIW National Interest Waiver (self-petition, no employer sponsorship, 1-3 years for most countries), 3) Marriage to a US citizen (6-12 months). For most workers, TN visa holders from Canada/Mexico often have a faster path than H-1B holders due to no lottery requirement.

Question 3

What is the current EB-2 priority date for India?

Accepted Answer

The EB-2 priority date for India changes monthly with the visa bulletin. As of 2024-2025, it's typically in the 2012-2014 range, meaning there's a 10-12+ year backlog. Check the Department of State visa bulletin for the most current dates. Stateside shows live visa bulletin data to help you track your priority date.

Question 4

Can I file I-485 while on H-1B?

Accepted Answer

Yes, you can file I-485 (adjustment of status) while on H-1B if your priority date is current according to the visa bulletin 'Dates for Filing' chart. You can even file I-485 concurrently with your I-140 petition if your priority date is already current. While I-485 is pending, you can get an EAD (work permit) and travel document.

Question 5

What is EB-2 NIW and who qualifies?

Accepted Answer

EB-2 NIW (National Interest Waiver) allows you to self-petition for a green card without employer sponsorship or labor certification. You need: 1) An advanced degree (Master's or higher) OR Bachelor's + 5 years progressive experience, 2) Work in an area of 'substantial intrinsic merit', 3) Demonstrate that waiving the job offer requirement benefits the US. Common qualifiers include researchers, engineers, healthcare professionals, and entrepreneurs.

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