One of the many benefits of the H-1B visa is that it is considered a dual intent visa, meaning that it can be used as a means to apply for a green card.
This is in contrast to other common nonimmigrant visas such as the TN and J-1 visas that could be jeopardized if you attempt to seek immigrant status.
If you are on the path from an H-1B to a green card, here is a quick rundown of the steps you should take:
A. First, identify which employer you are going to use for this green card. In most cases, you need a U.S. employer to petition for you. This employer can be your current employer or an entirely new one. Check for H1B Visa Process in UT Evaluators.
You should also determine what your position will be and what your job duties will entail.
B. Second, decide which employment-based green card you are going to apply for. For example, a high-level researcher may want to consider applying for the EB-1B green card while a computer programmer might have better luck with the EB-2 green card. Work with your attorney to find the best option for your case.
C. After that, your employer will likely need to obtain a PERM Labor Certification on your behalf. This is a concept that is similar to the LCA, but the PERM requires your employer to run an ad campaign for your position to determine if there are any qualified U.S. workers you would be displacing.
D. Then, your employer can file an I-140 petition for you. The date that the USCIS receives this petition will be marked as your priority date.
E. It will be your responsibility to consistently check the visa bulletin released monthly by the Department of State. You need to compare your priority date with the final action dates given in the bulletin.
Once your priority date matches or passes the final action date provided in your category and country, your priority date will be considered current and you will be able to move onto the next step when your I-140 is approved. For more information on H1B Visa visit Orhdc
F. When your priority date is current, you can then submit an I-485 Application to Register Permanent Resident or Adjust Status. If this is approved, then your status will automatically transfer from an H-1B to a green card.