H-1B to green card
H-1B to green card: the process, the timeline and your options
The H-1B lets you work in the US and plan a green card at the same time. Many people go through their employer. Some file for themselves. Where you were born affects how long it takes.
Last checked October 2026 · Sources
- Employer route
- PERM, then I-140, then I-485
- Green card intent
- Allowed on H-1B
- Past six years
- Possible with PERM or I-140
- Self-petition options
- EB-1A, EB-2 NIW
Quick answer
How do you get a green card from an H-1B?
The usual route is employer sponsorship. The employer gets a PERM labor certification from the Department of Labor, then files Form I-140 with USCIS. When your priority date is current in the Visa Bulletin, you file Form I-485 in the US, or go through a US consulate abroad. An approved labor certification or a filed preference petition is not a reason to deny your H-1B or its extension (8 CFR 214.2(h)(16)(i)).
- Your priority date is generally the date the Department of Labor accepts the PERM application.
- A PERM or I-140 filed at least 365 days earlier, or an approved I-140 when the per-country limit blocks a visa, can let you extend your H-1B past six years.
- EB-1A and EB-2 NIW skip PERM and need no employer.
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Prevailing wage
Your employer asks the Department of Labor for a prevailing wage determination for the job (20 CFR 656.40).
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Recruitment and PERM
Months, set by the Department of LaborYour employer tests the US job market, then files the PERM application (20 CFR 656.17). The date it is accepted becomes your priority date (8 CFR 204.5(d)). Your employer may not make you pay its PERM costs, including its attorney fees, (20 CFR 656.12(b)).
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Form I-140
15 business days with premiumWith the approved labor certification, your employer files the immigrant petition and shows it can pay the offered wage (8 CFR 204.5(g)(2)).
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Wait for your priority date
Check the Visa Bulletin for your category and country of birth. Keep your H-1B valid while you wait.
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Form I-485 or consular processing
Depends on your countryIn the US, file Form I-485. If a visa number is available when the I-140 is filed, both can go in together (8 CFR 245.2(a)(2)(i)(B)). Abroad, use consular processing.
The rules
H-1B rules that matter during the green card process
These are the rules H-1B workers commonly run into. Exceptions apply, so your attorney checks them for your case.
| Topic | What the rule says | Source |
|---|---|---|
| Dual intent | A labor certification or preference petition is not a basis for denying your H-1B, its extension or your admission | 8 CFR 214.2(h)(16)(i) |
| Six-year limit | Generally six years in H and L status, then a year outside the US before a new H or L stay | 8 CFR 214.2(h)(13)(iii)(A) |
| 365-day extension | If at least 365 days have passed since your PERM or I-140 was filed, extensions of up to 1 year at a time | 8 CFR 214.2(h)(13)(iii)(D) |
| Approved I-140 extension | If your I-140 is approved and only the per-country limit blocks a visa, extensions of up to 3 years at a time | 8 CFR 214.2(h)(13)(iii)(E) |
| Priority date retention | An approved I-140 keeps its priority date for later EB-1, EB-2 or EB-3 petitions, unless revoked for fraud, material error or a labor certification problem | 8 CFR 204.5(e) |
| H-4 spouse work permit | Your H-4 spouse may be eligible once your I-140 is approved, or if your H-1B was extended past six years under AC21 | 8 CFR 214.2(h)(9)(iv) |
Government fees (Form G-1055, edition 10/07/26): Form I-140 is $715 by mail or $665 online, plus an Asylum Program Fee of $600, $300 (small employer or self-petitioner) or $0 (nonprofit). Form I-485 is $1,440 by mail or $1,390 online, with a lower fee for a child under 14 who files with a parent. Premium processing for Form I-140 is $2,965 and does not cover Department of Labor steps.
Timeline
H-1B to green card timeline: why it depends on your country
There is no single timeline. Three things drive it.
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Department of Labor steps
The prevailing wage, recruitment and PERM review each take time. The Department of Labor publishes current processing times.
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USCIS processing
Premium processing for most I-140 classifications is 15 business days (USCIS). Form I-485 is not on the premium processing list in Form G-1055.
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The Visa Bulletin
Generally, no single country can use more than 7 percent of the yearly family and employment preference visa numbers (8 U.S.C. 1152(a)(2)). You are generally counted by country of birth, not citizenship (8 U.S.C. 1152(b)). That is why people born in India or China can wait much longer in the same category. Check the current Visa Bulletin for your category and country.
Changing jobs
Changing jobs during the green card process
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H-1B portability
You can generally start with a new employer once it files a nonfrivolous H-1B petition for you, or on the requested start date, whichever is later, if the petition is filed before your authorized stay ends and you have not worked without authorization (8 CFR 214.2(h)(2)(i)(H)).
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I-485 job portability after 180 days
If your I-485 has been pending 180 days or more and your I-140 is approved (or is later approved) and not revoked, the I-140 can stay valid for a new job in the same or a similar occupation (INA 204(j), 8 CFR 245.25).
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Before you can file the I-485
In practice, a new employer usually starts a new PERM and I-140. If your old I-140 was approved, you generally keep its priority date. See priority date retention.
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Travel with a pending I-485
H-1 holders in lawful status who travel do not abandon the I-485 if they return to resume work with the same H-1 employer, stay eligible for H status and hold a valid H visa if one is required (8 CFR 245.2(a)(4)(ii)(C)). Otherwise, get advance parole before you leave.
Other routes
Green card from H-1B without your employer
If your employer will not sponsor you, or PERM is slow, look at the self-petitions. Compare them in EB-1A vs EB-2 NIW.
EB-1A, extraordinary ability
A major award, or 3 of 10 criteria. No job offer and no PERM. Partner-firm legal fee from $8,995.
Read more Self-petitionEB-2 NIW
Advanced degree or exceptional ability, plus work in the national interest. No PERM if USCIS grants the waiver. Partner-firm legal fee from $7,995.
Read more Work visaO-1 and the O-1 to green card path
An option if you lost the H-1B lottery. See how O-1 holders move to a green card.
Read moreLaid off
What happens to your green card case after a layoff?
If you are laid off, the H-1B grace period is up to 60 consecutive days or until your authorized stay ends, whichever is shorter (8 CFR 214.1(l)(2)). If your employer withdraws your I-140 180 days or more after it was approved, or 180 days or more after your I-485 was filed, it generally stays approved unless revoked on other grounds. You still need a new job offer and, in most cases, a new petition (8 CFR 205.1(a)(3)(iii)(C)).
- You cannot work during the grace period unless otherwise authorized.
- An approved I-140 alone does not keep your H-1B status.
- See our H-1B layoff options.
FAQ
Questions people ask
There is no fixed answer, and any single number would be a guess. The Department of Labor and USCIS steps take months. After that, people born in India often wait for their priority date, because of the per-country limit. The wait depends on the current Visa Bulletin and your category. See our Visa Bulletin guide for this month’s dates.
Yes. The H-1B allows green card intent. A labor certification or preference petition is not a basis for denying your H-1B, its extension or your admission.
Often, yes. If 365 days have passed since your PERM or I-140 was filed, you may extend in up to 1-year steps. With an approved I-140 and a per-country backlog, you may extend in up to 3-year steps. See PERM, suspensions and the six-year limit.
Generally not, if your I-140 was approved and not revoked for fraud, material error or a labor certification problem. Your new employer files a new petition and you keep the earlier date.
Yes, through EB-1A or EB-2 NIW, if you qualify. Both let you file for yourself. A family route may also apply.
Check if you can skip PERM
Frank’s free evaluation checks your record against EB-1A and EB-2 NIW, the routes that need no employer. No account, no card. A partner-firm attorney confirms eligibility before anything is filed. Not legal advice.
Sources · checked October 2026
- eCFR, 8 CFR 214.2(h): portability, H-4 work permits, six-year limit and extensions, (h)(16) dual intent
- eCFR, 8 CFR 214.1(l)(2): 60-day grace period
- eCFR, 8 CFR 204.5: priority dates, ability to pay, retention
- eCFR, 8 CFR 205.1(a)(3)(iii)(C): withdrawn I-140 after 180 days
- eCFR, 8 CFR 245.2: concurrent filing and travel with a pending I-485
- eCFR, 8 CFR 245.25: I-485 job portability
- eCFR, 20 CFR 656.12, 656.17, 656.40: PERM costs, filing, prevailing wage
- 8 U.S.C. 1154(j) (INA 204(j)): job flexibility
- 8 U.S.C. 1152(a)(2): per-country limit
- USCIS, Adjustment of Status Filing Charts from the Visa Bulletin (updated 10/01/2026)
- USCIS, How Do I Request Premium Processing? (updated 03/23/2026)
- USCIS Fee Schedule, Form G-1055 (edition 10/07/26)
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
