The typical scenario for obtaining a green card from an H1B status involves a series of steps. It’s not really easy to pinpoint an exact timeline, but if you follow the steps then you’ll certainly simplify the process for yourself and ensure that your application is completed correctly.
Keep in mind, only a sponsoring employer can apply for a green card on your behalf. As an employee, you will usually fall under the EB1, EB2, or EB3 categories. You should know which category you are in so that you can better understand which steps pertain to you.
Step 1: PERM Labor Certification
If you are an EB2 or EB3 employee then this is the first step in the process. The PERM labor certification includes prevailing wage determination, recruitment, and ETA From 9089.
Step 2: Form I-40
Once you have filed the ETA and that has been approved, then you must file the Form I-40. This form basically indicates that you are eligible for employment and that your employer has necessary funds and assets to pay necessary wages.
Step 3: Form I-485
This is the final form that the employer must fill out and is the process for filing for permanent residency and is referred to as the Adjustment of Status.
Each step in the process is incredibly important. To ensure that your green card is processed as quickly as possible, it would be best to consult an immigration attorney.