H-1B to Green Card

Your employer proves no qualified US workers are available for the position.

• Prevailing wage: DOL sets minimum salary (~6 months)
• Recruitment: Job postings and ads, then a 30-day quiet period (2-3 months)
• DOL review: They check recruitment was done properly

DOL audits 20-30% of cases. If audited, add 6-12 months.

Your employer files I-140 to prove you have the qualifications. Most employers use premium processing for a 15-day decision.

Portability: Once your I-140 is approved, you can change employers and port your priority date to a new petition. After 180 days of approval, your priority date is protected even if the original employer withdraws the I-140.

File I-485 with I-765 (work permit) and I-131 (travel permit). The combo EAD/AP card arrives in a few months, which lets you work for any employer and travel while the green card is pending.

Most cases include an interview at your local USCIS office.

EB-2 vs EB-3

Downgrade: If EB-2 has a longer wait than EB-3, you can downgrade and keep your priority date.

H-4 dependents

Your spouse and children under 21 can file I-485 with you if your priority date is current. They get their own EAD and AP while waiting.

Separately, if your I-140 is approved and you've been granted H-1B extensions beyond 6 years (because of a visa backlog), your H-4 spouse can get an EAD even before you file I-485.

Key rules

• H-1B extensions: Normally capped at 6 years. You get 1-year extensions if PERM has been pending 365+ days. You get 3-year extensions if I-140 is approved and your priority date is not yet current.
• Concurrent filing: If your priority date is already current when I-140 is filed, submit I-485 at the same time.
• Job changes: After I-485 has been pending for 180 days, you can switch employers if the new job is similar to the original.