All the potential immigrants with H1B visas in the United States can work in the United States for six years continuously. The H1B visa is a dual intent visa; the applicant can apply for the permanent residency without losing their working rights. It is their discretion whether to apply for the permanent residence or to leave the country.
It is the employer who lodges an application for the employee to shift from the H1B to the Green card status. All the employees with the H1B visas can begin with the Green Card visa processing after selecting for the change of visa status from the employer.
The applicant has to go through the series of following steps to apply for the Green card from H1B visa status.
Step 1: PERM Labor Certification
Program Electronic Review Management (PERM) is the initial step to obtaining the green card for the professionals with H1B visa. The same is required to have if they are applying for Green card under EB2 and EB3 employer categories. The PERM approval is given by the American Department of Labor. This approval is for recruitment, wage, and ETA from 9089. The company must apply for the DOL for PERM.
Prevailing Wage Determination
The Prevailing Wage Determination provides valid details of salary, work location, job responsibilities to the Department of Labor. The DOL will issue PWD, which will be used by the employer for base salary requirement.
The hiring process by the employer proves that they have made possible attempts to recruit professionals, but, unable to recruit the candidates from the United States.
ETA Form 9089
After the recruitment process, the applicants must apply for the ETA form; that means they can apply for the ETA directly through emails.
Step 2: Form I-140, Petition for Immigrant Worker
After seeking the approval for ETA form 9089, the employer must file a petition for the foreign migrant worker. Form I-140 establishes that the immigrant worker is eligible to work in the United States. I-140 can be submitted along with the I-485 for adjustment status. This filing is known as concurrent filing.
Step 3: Form I-485
It is the final stage of the application, applicants H1B will be converted to Green card at this stage. To apply for the employer can file for the Employment Authorization Document (EAD) and advance parole.
The United States Citizenship and Immigration approves form I-485, the employee's passport will be stamped, and the green card is finally approved to the immigrant worker.
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