H-1B to Green Card: The Realistic Timeline Nobody Talks About
Everyone talks about getting a green card. Nobody talks about the wait. Here’s what really happens after you start the process.
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.
Frequently Asked Questions
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.
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.
