H-1B to Green Card: The Realistic Timeline Nobody Talks About
Getting a green card while on H-1B visa is rarely fast. The process involves multiple stages (PERM, I-140, and I-485) and can take anywhere from two to eight years, depending on your country of birth and visa category. While backlogs and employer dependence often slow progress - early planning, concurrent filing, and smart use of H-1B extensions can help shorten the wait. This guide breaks down the full timeline, what helps, what hurts, and what every H-1B professional should do to stay ahead.
Getting a green card while on H-1B visa is rarely fast. The process involves multiple stages (PERM, I-140, and I-485) and can take anywhere from two to eight years, depending on your country of birth and visa category. While backlogs and employer dependence often slow progress - early planning, concurrent filing, and smart use of H-1B extensions can help shorten the wait. This guide breaks down the full timeline, what helps, what hurts, and what every H-1B professional should do to stay ahead.
Expecting this process to wrap up in 2 years? Try 8 - sometimes longer. Between country-specific quotas, slow-moving priority dates, and employer-dependent filings, even well-planned cases can stall for years in the backlog.
This guide breaks down what the process actually looks like, why it takes so long, and the practical steps you can take right now to shorten the wait and keep your career on track.
Expecting this process to wrap up in 2 years? Try 8 - sometimes longer. Between country-specific quotas, slow-moving priority dates, and employer-dependent filings, even well-planned cases can stall for years in the backlog.
This guide breaks down what the process actually looks like, why it takes so long, and the practical steps you can take right now to shorten the wait and keep your career on track.
Table of Content
What is a H-1B visa?
The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations. These require a bachelor's degree or its equivalent in a specific field.
It is employer-sponsored, meaning a company must apply for the visa on behalf of the worker, and the job must be a "specialty occupation". The initial visa is valid for up to three years and can be extended for another three, for a total of six years.
What does the process look like?
Generally, for H-1B visa holders sponsoring a green card via employment, the path typically looks like this:
Step 1 | Employer files a labor certification (PERM) |
Step 2 | Employer files a Form I-140 immigrant-petition |
Step 3 | Wait for your priority date to become current under the monthly Visa Bulletin |
Step 4 | File the adjustment of status (Form I-485) or immigrant visa |
Processing times from the U.S. government show the bulk of the time is spent waiting for visa availability, especially if you were born in a country with heavy demand. Some general estimates for the employer-sponsored route range from 18–24 months for the administrative steps (PERM + I-140 + I-485) before any backlog wait kicks in.
Positives & Negatives
Positives | Negatives |
Dual-intent Status of H-1B Because H-1B visa allows “dual intent,” you can proceed with green-card steps while remaining in H-1B without violating status. | Employer Dependency The process requires an employer willing to sponsor and maintain the job offer. Any job changes or employer decisions can delay or reset parts of the process. |
Premium processing for I-140 For applicable I-140s premium processing can shorten that stage significantly. | Country-specific Backlogs Being born in high-demand countries such as India or China, the wait can last decades. |
Concurrent Filing Possibility If your priority date is current (or becomes current), you may be able to file I-140 and I-485 at the same time (if permitted), which reduces waiting for the I-485 stage. | Annual Limits Since there are annual limits on employment-based visas and per-country limits, supply-demand imbalances create longer queues. |
Portability Protections Under American Competitiveness in the 21st Century Act (AC21) you may be able to switch employers after I-140 approved or I-485 pending 180 days, preserving green-card eligibility. | Long Processing Times Even when your priority date becomes current, filings with United States Citizenship and Immigration Services (USCIS) take time and backlog reports may show many I-485 adjustment cases pending. |
DOs and DONTs
DOs | DONTs |
Ensure your employer begins the PERM and I-140 process as early as possible in your H-1B tenure. | Don’t assume two years is sufficient for completion; that expectation sets you up for shock. |
Track your priority date regularly via the Visa Bulletin and remain ready to file when it becomes current. | Don’t neglect your H-1B compliance (status, employer, location, role) on the belief that green-card filing alone will protect you. |
Maintain H-1B visa status (and any extensions) properly so that your non-immigrant status remains valid while green-card steps are pending. | Don’t stop working or change status whimsically while green-card rounds are pending unless you’ve assessed impact with counsel. |
If eligible, work with counsel to assess concurrent filing of I-485 once priority date is current. | Don’t assume your priority date will march forward steadily—some categories stagnate or regress, and assuming otherwise is risky. |
Keep documentation organised: job role, employer sponsorship, job changes, PERM recruitment evidence. | Don’t rely solely on internal firm HR assurances without verifying backing documentation and timelines. |
Monitor potential visa retrogression and plan: e.g., if the category moves backward, know the implications and stay flexible. | Don’t delay early steps (PERM, I-140) assuming later filing will save time—delaying will likely make the queue worse. |
Conclusion
If you’re on an H-1B visa and pursuing a green card, treat the journey as multi-year, not multi-month. The headline “two-year path to green card” rarely holds up for employment-based cases, especially for nationals of countries with long queues. The timeline could stretch into five, eight, or more years.
But by starting early, tracking your priority date, using concurrent filings where permitted, and maintaining your H-1B status carefully, you can position yourself to cut that timeline meaningfully.
Frequently Asked Questions
1. Can my spouse work while I’m waiting for my green card?
Yes, if your spouse holds an H-4 visa with an approved I-140, they may apply for an H-4 EAD work permit.
2. Does getting promoted affect my green-card process?
It can, if your job duties or wage level change significantly - your attorney may need to refile PERM or I-140.
3. Can I switch from EB-2 to EB-1 or NIW to speed things up?
Yes, if you qualify for a higher preference category, you can port your priority date to a new petition.
4. What happens if I change employers before my PERM is approved?
You will likely need to restart the process since PERM is tied to a specific employer and job offer.
5. Do layoffs or furloughs impact my pending green-card case?
Yes, job loss can invalidate the underlying sponsorship unless portability or a new employer petition applies.
6. Can I file a green-card petition without an employer sponsor?
Yes, categories like EB-1A (extraordinary ability) and EB-2 NIW (national interest waiver) allow self-petitioning.
7. If my child turns 21 during the wait, do they lose eligibility?
They may, but the Child Status Protection Act (CSPA) can sometimes freeze their age to keep them eligible.
8. Does premium processing make the whole green-card process faster?
No. It only speeds up the I-140 stage, not the PERM or visa-availability backlog.
9. Can I pursue permanent residency in another country while my U.S. green card is pending?
Yes, though it is not advisable to pursue permanent residency in another country while your U.S. green card is pending, as this can cause your U.S. application to be considered abandoned.
10. What if the Visa Bulletin retrogresses after I file my I-485?
Your case stays pending; USCIS will hold it until your priority date becomes current again.
What is a H-1B visa?
The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations. These require a bachelor's degree or its equivalent in a specific field.
It is employer-sponsored, meaning a company must apply for the visa on behalf of the worker, and the job must be a "specialty occupation". The initial visa is valid for up to three years and can be extended for another three, for a total of six years.
What does the process look like?
Generally, for H-1B visa holders sponsoring a green card via employment, the path typically looks like this:
Step 1 | Employer files a labor certification (PERM) |
Step 2 | Employer files a Form I-140 immigrant-petition |
Step 3 | Wait for your priority date to become current under the monthly Visa Bulletin |
Step 4 | File the adjustment of status (Form I-485) or immigrant visa |
Processing times from the U.S. government show the bulk of the time is spent waiting for visa availability, especially if you were born in a country with heavy demand. Some general estimates for the employer-sponsored route range from 18–24 months for the administrative steps (PERM + I-140 + I-485) before any backlog wait kicks in.
Positives & Negatives
Positives | Negatives |
Dual-intent Status of H-1B Because H-1B visa allows “dual intent,” you can proceed with green-card steps while remaining in H-1B without violating status. | Employer Dependency The process requires an employer willing to sponsor and maintain the job offer. Any job changes or employer decisions can delay or reset parts of the process. |
Premium processing for I-140 For applicable I-140s premium processing can shorten that stage significantly. | Country-specific Backlogs Being born in high-demand countries such as India or China, the wait can last decades. |
Concurrent Filing Possibility If your priority date is current (or becomes current), you may be able to file I-140 and I-485 at the same time (if permitted), which reduces waiting for the I-485 stage. | Annual Limits Since there are annual limits on employment-based visas and per-country limits, supply-demand imbalances create longer queues. |
Portability Protections Under American Competitiveness in the 21st Century Act (AC21) you may be able to switch employers after I-140 approved or I-485 pending 180 days, preserving green-card eligibility. | Long Processing Times Even when your priority date becomes current, filings with United States Citizenship and Immigration Services (USCIS) take time and backlog reports may show many I-485 adjustment cases pending. |
DOs and DONTs
DOs | DONTs |
Ensure your employer begins the PERM and I-140 process as early as possible in your H-1B tenure. | Don’t assume two years is sufficient for completion; that expectation sets you up for shock. |
Track your priority date regularly via the Visa Bulletin and remain ready to file when it becomes current. | Don’t neglect your H-1B compliance (status, employer, location, role) on the belief that green-card filing alone will protect you. |
Maintain H-1B visa status (and any extensions) properly so that your non-immigrant status remains valid while green-card steps are pending. | Don’t stop working or change status whimsically while green-card rounds are pending unless you’ve assessed impact with counsel. |
If eligible, work with counsel to assess concurrent filing of I-485 once priority date is current. | Don’t assume your priority date will march forward steadily—some categories stagnate or regress, and assuming otherwise is risky. |
Keep documentation organised: job role, employer sponsorship, job changes, PERM recruitment evidence. | Don’t rely solely on internal firm HR assurances without verifying backing documentation and timelines. |
Monitor potential visa retrogression and plan: e.g., if the category moves backward, know the implications and stay flexible. | Don’t delay early steps (PERM, I-140) assuming later filing will save time—delaying will likely make the queue worse. |
Conclusion
If you’re on an H-1B visa and pursuing a green card, treat the journey as multi-year, not multi-month. The headline “two-year path to green card” rarely holds up for employment-based cases, especially for nationals of countries with long queues. The timeline could stretch into five, eight, or more years.
But by starting early, tracking your priority date, using concurrent filings where permitted, and maintaining your H-1B status carefully, you can position yourself to cut that timeline meaningfully.
Frequently Asked Questions
1. Can my spouse work while I’m waiting for my green card?
Yes, if your spouse holds an H-4 visa with an approved I-140, they may apply for an H-4 EAD work permit.
2. Does getting promoted affect my green-card process?
It can, if your job duties or wage level change significantly - your attorney may need to refile PERM or I-140.
3. Can I switch from EB-2 to EB-1 or NIW to speed things up?
Yes, if you qualify for a higher preference category, you can port your priority date to a new petition.
4. What happens if I change employers before my PERM is approved?
You will likely need to restart the process since PERM is tied to a specific employer and job offer.
5. Do layoffs or furloughs impact my pending green-card case?
Yes, job loss can invalidate the underlying sponsorship unless portability or a new employer petition applies.
6. Can I file a green-card petition without an employer sponsor?
Yes, categories like EB-1A (extraordinary ability) and EB-2 NIW (national interest waiver) allow self-petitioning.
7. If my child turns 21 during the wait, do they lose eligibility?
They may, but the Child Status Protection Act (CSPA) can sometimes freeze their age to keep them eligible.
8. Does premium processing make the whole green-card process faster?
No. It only speeds up the I-140 stage, not the PERM or visa-availability backlog.
9. Can I pursue permanent residency in another country while my U.S. green card is pending?
Yes, though it is not advisable to pursue permanent residency in another country while your U.S. green card is pending, as this can cause your U.S. application to be considered abandoned.
10. What if the Visa Bulletin retrogresses after I file my I-485?
Your case stays pending; USCIS will hold it until your priority date becomes current again.
Table of Contents
OpenSphere Legal Operations
H-1B to Green Card: The Realistic Timeline Nobody Talks About
OpenSphere Legal Operations
Can I Freelance on F-1? The Legal Side Hustles International Students Miss
OpenSphere Legal Operations
From Green Card to Citizen: 5 Things You Need to Get It Right
OpenSphere Legal Operations
O-1A Approved: What's Next? Your Complete Guide to DS-160 and Consular Processing
Akash
Changes to Visa Interview Requirements and H-1B Registration Process Visa Interview Waiver Policy Rescinded
Amelia Blake
Dismantling of DHS Oversight Offices: Implications for Immigration Accountability The Shutdown of Key Watchdog Agencies