ADJUSTING FROM H-1B TO GREEN CARD
WHEN CAN AN H-1B WORKER SWITCH TO LPR STATUS:
Once an H-1B worker has entered the United States, that worker is eligible to adjust status to legal permanent residence (known as getting a "green card"). Whether the employer will assist the worker right away is another story. The worker cannot adjust status without first getting a PERM labor certification, which the employer must pay for. Most employers are very clear in their employment contracts about when they will pay to certify the employee. Once the employee's PERM labor certification is approved, the employee will be free to adjust status to legal permanent residency.
HOW LONG WILL IT TAKE TO GET MY GREEN CARD:
2018 applications are taking 18 months for the government to processs. We can help you apply for a work permit and travel permit, so that you can continue to work and travel while your case is pending.
MUST THE EMPLOYEE CONTINUE TO WORK FOR THE EMPLOYER:
Yes and No. The employee must continue to work for the same employer while the employee's adjustment of status case is processing. At the interview, the employer will need to prove again that he or she continues to work for the same employer. However, once the employee receives his or her green card, the employee is no longer obligated to continue working for the employer. This is another reason why most employers require that the employee work under an H-1B visa for a period of time before applying for adjustment of status.
WHEN CAN I APPLY FOR CITIZENSHIP:
You can apply for US Citizenship after you have had legal permanent residence for five years. Look at your green card and count five years from the "resident since" date to know how soon you can apply.
WHAT MUST I DO TO GET STARTED:
Our firm cannot begin your adjustment of status case until your PERM labor certification has been approved. Once you have this approval notice, we can assist you with the step of adjusting status.
For any other questions regarding applying for adjustment of status, please contact our firm and come in for an initial consultation: (541) 780-6147. A consultation may also be booked online by clicking here.