H-1B to green card: steps and timeline
US federal rules as of October 30, 2026. Sources re-checked against official pages on October 30, 2026. Where a figure could not be confirmed, this page links the official source instead of stating it.
Moving from H-1B to a green card usually takes three stages: PERM labor certification, an I-140 petition, and a wait for a visa number in the Visa Bulletin. The first two take months. The third can be short or very long, depending on your category and country. LiveRec states no fixed timeline.
What are the stages?
| Stage | Who | Agency |
|---|---|---|
| 1. PERM labor certification | Employer | DOL |
| 2. Form I-140 | Employer (or you for NIW) | USCIS |
| 3. Wait for priority date to be current | You | State Department Visa Bulletin |
| 4. Form I-485 or consular processing | You | USCIS or consulate |
Your priority date is the date DOL accepts the PERM application, or USCIS accepts the I-140 if there is no PERM. See PERM explained.
How long will it take?
It depends on your country of chargeability and category. Per-country limits create long waits for some countries; see India green card backlog. For current dates use the State Department's monthly Visa Bulletin and USCIS's rule on which chart to use; LiveRec does not copy the dates.
Can I extend H-1B beyond six years?
Under certain conditions tied to PERM and I-140 progress, yes. USCIS says H-1B workers seeking permanent residence may be able to stay and work beyond the six-year limit, including on AC21 sections 106(a) and (b) (USCIS H-4 EAD page and FAQ, checked 2026-10-30). Ask an attorney whether you qualify.
What can I do to prepare?
Keep experience letters that match the job requirements, keep your status valid and track your priority date monthly.
FAQ
Does the employer have to sponsor my green card? No. Many do not. Ask early.
Who pays? For PERM, DOL's rule bars the employer from getting payment for labor certification activity. See PERM.
Can I switch employers mid-process? It can affect the case. Ask an attorney.
Next step: Green card overview.
Sources
- DOL, PERM labor certification, https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent, live official page, linked for readers; link checked 2026-10-30, page blocks automated reads so no figure is copied from it
- USCIS, visa availability and priority dates, https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates, live official page, linked for readers; link checked 2026-10-30, no figure is taken from it
- USCIS, adjustment of status, https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status, live official page, linked for readers; link checked 2026-10-30, no figure is taken from it
- USCIS, consular processing, https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing, live official page, linked for readers; link checked 2026-10-30, no figure is taken from it
- 20 CFR 656.12 (employer payment ban), https://www.ecfr.gov/current/title-20/section-656.12, live official page, linked for readers; link checked 2026-10-30, no figure is taken from it
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.