H-1B to Green Card Process for Indians in the USA – Complete Legal Guide

 


Introduction

For many Indian professionals, the H-1B visa is the first step toward U.S. permanent residency (Green Card). This process spans several stages and requires careful planning.


Step-by-Step Guide

1. PERM Labor Certification

Your U.S. employer must first obtain PERM certification, showing there are no qualified U.S. workers available for the job.

✔ Employer files recruitment and wage level paperwork.


2. I-140 – Immigrant Petition

Once PERM is approved, the employer files Form I-140 for you, which establishes the job and your qualifications.

✔ This locks in your priority date, which affects wait time.


3. Adjustment of Status (I-485)

Once your priority date is current (according to the monthly Visa Bulletin), you can file Form I-485 to adjust status to permanent resident.

👉 If your current priority date isn’t current, you may continue renewing your H-1B until it becomes eligible.


Priority Date & Visa Bulletin

• The Visa Bulletin is released monthly by the U.S. Department of State.
• It lists which dates are currently eligible for adjustment of status.
• For Indians, the backlog means waiting many years before filing I-485. Financial Express


Common Issues Applicants Face

✔ Long wait times before priority dates become current
✔ Changing jobs — may require portability of your I-140
✔ Employer withdrawing your I-140


Pro Tips

✔ Ask your employer to file early and keep PERM active.
✔ Track Visa Bulletin every month.
✔ Consider EB-1 or NIW if eligible.

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