Applying for a Green Card from H-1B

A step-by-step guide to the employment-based green card process for Indian H-1B workers.

Overview

A U.S. Green Card (Lawful Permanent Resident status) grants you the right to live and work permanently in the United States without employer sponsorship. For Indian H-1B workers, the employment-based (EB) green card is the standard pathway, though the process is long and complex.

For Indians Moving From India

If you are in India with a U.S. job offer and your employer is willing to begin the green card process immediately, ask them to initiate PERM and I-140 filing as early as possible. Your priority date — the date your PERM application is filed — is your place in the queue, and an earlier date is everything given India's decades-long backlog.

For Indians Already in the US

Most H-1B holders pursue the green card while already employed in the U.S. The process involves three stages: PERM labor certification by your employer, I-140 immigrant petition, and finally I-485 Adjustment of Status when your priority date becomes current.

Key Information

The EB process has three stages: PERM Labor Certification (employer proves no qualified U.S. workers are available), I-140 Immigrant Petition (establishes eligibility), and I-485 Adjustment of Status (the final green card step, filed once a visa number is available per the monthly Visa Bulletin).

Requirements

An employer willing to sponsor, a qualifying job offer in EB-2 or EB-3 category, a valid priority date, and continuous valid H-1B status throughout the multi-year wait.

Common Mistakes

Changing employers before your I-140 is approved, which typically requires restarting the PERM process. Under AC21 portability rules, you can change jobs after your I-140 has been approved for 180 days — but only to a same or similar role.

Practical Tips

File your I-140 as early as possible, even if your priority date is not yet current. An approved I-140 locks in your priority date. Ask your employer to use Premium Processing for the I-140 to get approval within 15 business days.