It is an inevitable truth that you must decide on changing jobs at some point in time. It happens more often than you expect, and it did happen to you too. When this happens, the most important question which haunts your mind is, “Can you apply for H1B and green card at the same time?”. We know that it can be tricky to answer this question, but the good news is that the U.S. Citizenship and Immigration Services (USCIS) has provided some information to answer this question. In this article, I will guide you in this regard.
Yes, you can apply for both H1B and green cards at the same time. Make sure you have a solid plan in place in order to maximize your chances of being approved for both visas. It is recommended that you do not apply for both H-1B and green cards at the same time as it will take a long time.
What is the H1B to Green Card Process:
If you are an available and qualified professional in a specialty field, then you may be eligible for an H1B visa. The H1B visa is a temporary visa that allows qualified professionals to work in the United States. The process of obtaining an H1B visa typically includes many things. I will discuss it below, though.
But do you know what is H1B to green card process means? The H1B to Green Card Process is a process that allows foreign workers with specialized skills to stay in the United States and work in a position that is not in their original field of employment. The H1B visa is a temporary work visa that is issued to help fill a shortage of qualified workers in certain occupations. The H1B visa can be issued for a period of three years, and the worker can apply for a green card after six years. The green card allows the worker to live and work in the United States permanently.
U.S. Green Card Requirements:
If you wish to visit the United States of America, you may have to meet the approval of its immigration authorities. In order to obtain a green card, an individual must meet the requirements for one of three preferences: EB1, EB2, or EB3. The following list of procedures proves that you meet the requirements needed to obtain your U.S. Green Card.
Firstly Immigrant Workers (EB1):
1) You must have experience in the sciences, arts, education, business, or related fields
2) You must have excellent skills in the research or as a professor.
3) You must demonstrate that your achievements in these fields have been recognized internationally as outstanding or significant.
Secondly Immigrant Workers (EB2):
1) Must have extraordinary ability in the sciences, arts, education, business.
2) Must also have a bachelor’s degree or higher or its equivalent.
3) You’re looking for a waiver based on national security.
Third Immigrant Worker (EB3):
1) The applicant must show that they possess at least two years of specialized experience in the occupation for which they are applying.
2) You are an expert in your field. This indicates you have a degree from the United States or international comparison.
3) You are a low-wage employee. This indicates you’ll be doing unskilled labor that doesn’t require more than two years of expertise or knowledge.
Do You Really Need a Sponsoring Employer?
The United States green card process is based on merit, not sponsorship. The only exception to this is if your spouse is living in the United States and is accompanying or joining you on a permanent basis as a dependent. In this case, your spouse would need to be sponsored for a green card.
Assuming that you meet all of the requirements needed to obtain a U.S. green card, your next step is to find a sponsoring employer. A sponsorship demonstrates that your potential immigrant status is valuable and worthy of support. The process of finding a sponsoring employer can be daunting, but with enough effort, it is possible to locate a company that will sponsor your application.
When Do Companies Apply for a Green Card?
Apply for a green card as early as possible, and make sure to keep updated on the latest development in the immigration process. The process of applying for a green card can take several months (11-32), and it is important to be as prepared as possible. Below I will tell you how to file for a green card, including PERM labor certification.
Program Electronic Review Management Labour Certification:
Electronic Review Management (ERM) is a labor certification program. It allows employers to use electronic tools and systems to review applications for green cards, as well as other immigration benefits.
According to the U.S. Citizenship and Immigration Services (USCIS), an employer must first apply for the certification by submitting Form I-129, Petition for Nonimmigrant Worker. If approved, it will be sent to the Department of Labor’s Employment and Training Administration (ETA). The ETA will conduct a thorough investigation into your organization’s hiring practices before approving or denying your request for ERM certification.
Alien Employee Request for Immigrant Status:
If your organization is not certified under ERM, you will still have to file a petition with USCIS. You can find more information on the Immigrant Petition for Alien Worker (I-140) by visiting our website here. The I-140 process is slightly different than Form I-129 since it does not require ETA approval. However, you must submit completed forms to both USCIS and the Department of State’s Bureau of Consular Affairs (DOS).
Adjustment of Status:
If your organization is approved for ERM certification, you will be able to use the program to apply for immigration benefits. However, if your organization experiences a change in business or ownership, you may need to submit a new Form I-129 petition and labor certification application.
The petition for Status Adjustment contains:
The original Form I-129 petition, along with all required attachments Proof of the business or ownership change, such as a purchase agreement and/or change in stock ownership records. Your current Labor Condition Application (LCA) and etc.
H1b to Green Card Timeline:
The processing time for Form I-129 petitions, Labor Condition Applications (LCA’s), and other supporting documentation can range from six to twelve months. And the PERM Certification might take anywhere from 6 to 18 months to get.
What Happens to H1B After Green Card:
Once the H1B employee has been issued a U.S. green card, they may no longer work in the United States as an H-1B nonimmigrant unless their status is changed or they are admitted for permanent residence (a different process). That means If the foreign professional’s H-1B visa expires and they have not yet obtained a green card, they will be subject to deportation. This is because the H-1B visa is for a specific period of time.
H1b vs. Green Card:
There are two types of visas that are typically used to allow foreign workers in the United States – the H-1B visa and the green card. Both visas have certain eligibility requirements that must be met, and both visas have certain benefits that make them preferable over other types of visas. Often people get confused about their differences—no more confusion. Let’s make it clear today. Here are some more differences highlighted below:
- H-1B visas are for skilled professionals in specialty occupations, while green cards are for any non-immigrant who is in the United States temporarily.
- The maximum number of H-1B visas that can be granted annually is 85,000, while the number of green cards that can be issued annually is unlimited.
- H-1B visas are valid for three years and can be extended for an additional three years, while green cards are valid for five years and can be extended for an additional five years.
- The fee for an H-1B visa starts from $460, while the fee for a green card starts from $1200.
- H-1B visas are dependent on the employer meeting certain requirements, such as having a “need” for the Worker in question and not having a qualified U.S. worker available.
Final Thoughts:
If you are a foreign professional who is working in the United States on an H-1B visa, it is important to understand that your visa may expire if you have not yet received a green card. If this happens, you will be subject to deportation. Make sure to stay up-to-date on your status and file required paperwork as soon as possible so that any issues can be resolved before they lead to unwanted consequences. I hope it’s now clear whether can you apply for H1b and green card at the same time or not.
Frequently Asked Question:
Can I apply for Green Card before H1B?
No, you cannot apply for Green Card before H1B. If you are already in the United States on an H1B visa, you will need to wait until your visa expires and then file for a green card.
When can an H1b visa holder apply for Green Card?
A visa holder can apply for Green Card any time after their H1B visa has expired.
Can you apply for a Green Card immediately?
The process of applying for a Green Card can take many months, and even years, to be completed.
Do you need h1b to apply for a green card?
Absolutely no, you do not need an H1B visa to apply for a Green Card. However, your application will be much faster if you have one.
