We will talk about the process to get Green card while you are in the USA working on H1B or L1 work visas. <\/p>\n\n\n\n
Employer-sponsored GC process<\/strong> has 3 main steps:<\/p>\n\n\n\n The total H1B max out time as is commonly known as is time to get PERM and i140 approvals.<\/p>\n\n\n\n H1B Max out time = PERM + i140 approval time<\/strong><\/p>\n<\/blockquote>\n\n\n\n PERM labor certification processing<\/a> can take up to 15 months (1.2 years) in total with no premium processing<\/strong> available.<\/p>\n\n\n\n The U.S. Department of Labor (DOL) issues PERM approval to certify that:<\/p>\n\n\n\n PERM process has multiple sub-steps and all have to be completed by your sponsoring US-based employer<\/strong>, usually the same as H1B or L1 sponsor.<\/p>\n\n\n\n The first step in sponsoring an employee’s PERM is to make a real recruitment effort to hire Americans.<\/p>\n\n\n\n Employer has to:<\/p>\n\n\n\n The employer’s financial documents<\/strong> are required to prove their ability to pay the wage offered at the time of PERM filing.<\/p>\n\n\n\n Prevailing Wage Determination identifies the minimum salary paid at the work location (city) for a similar type of job.<\/p>\n\n\n\n Attorneys suggest that an employer should file PWD after completing Job Ads step. They can file PWD in parallel with advertisement but is not recommended as it might be the reason for Audit later.<\/p>\n\n\n\n Most good employers file PWD only after completing Job Ad step.<\/p>\n\n\n\n Check current prevailing wage determination time<\/a>.<\/p>\n\n\n\n Employer can file PERM after Job Ad and PWD steps have been completed.<\/p>\n\n\n\n You will need:<\/p>\n\n\n\n The PERM application is generally filed electronically on DOL’s flag website<\/a> free of cost. <\/p>\n\n\n\n Track PERM Status Online<\/strong><\/p>\n\n\n\n You cannot track your PERM status online on the FLAG website as it can only be accessed by your employer or attorney.<\/p>\n\n\n\n How to track PERM processing time?<\/strong><\/p>\n\n\n\n I-140 application is filed by sponsoring the employer and locks your Green card priority date. You can apply H1B transfer using pending I-140 at the time of job change<\/a>.<\/p>\n\n\n\n The I-140 must application has to be supported by the approved PERM application<\/strong>.<\/p>\n\n\n\n The i-140 approval notice shows:<\/p>\n\n\n\n i140 processing time is 6-8 months in regular application. i140 premium processing gets approval in 15 days.<\/p>\n\n\n\n Sample i797 approval for I140:<\/p>\n\n\n\n Spouses of H1B workers with approved I-140 approved can file for the H4-EAD work permit<\/a>.<\/p>\n\n\n\n Form i485 has to be filed by your employer if your PD date is current<\/a>. <\/p>\n\n\n\n i-485 is a form that is commonly known as ‘adjustment of status’ as you technically ask USCIS to change your status from work visa to a Green card while you continue to stay in the USA. <\/p>\n\n\n\n USCIS issues an immigrant visa (called Green Card<\/strong>) to the applicant and any dependents (spouse and\/or children) under 21.<\/p>\n\n\n\n Once it is approved, the status of the applicant is adjusted from \u201cnon-immigrant<\/strong>\u201d to \u201cimmigrant<\/strong>.\u201d (Lawful permanent resident status).<\/p>\n\n\n\n You can check Current i485 filing fees<\/a> on USCIS website.<\/p>\n\n\n\n I-485 EAD card<\/strong><\/p>\n\n\n\n You can get an unlimited work permit called EAD card while your green card application is pending. This is called i-485 EAD card.<\/p>\n\n\n\n i485 EAD processing time is usually 90 days. i485 EAD is issued for a period of 1-2 years and can be renewed until i485 is pending.<\/p>\n\n\n\n I-485 Processing Time<\/strong><\/p>\n\n\n\n i485 processing time varies from 10 to 12 months depending on your priority date. The PD date should remain current in the USCIS visa bulletin to get an approval.<\/p>\n\n\n\n If you are outside the USA and your PD date gets current, you can apply for a green card at the US embassy.<\/p>\n\n\n\n Employer can start PERM when an H-1B transfer is under process.<\/a><\/p> <\/div> PERM can be filed even if you are outside US or have not joined the employer in the US yet.<\/p> <\/div> You can file a 7th-year H1B extension if your PERM is pending for 365+ days including Audit<\/a>.<\/p> <\/div> The total time from start to finish for an employer-sponsored Green card is based on the country of a birth specific queue.\u00a0Most of the countries have immediate GC availability except China & India.\n
\n
PERM Process<\/h2>\n\n\n\n
\n
\n
#1 Job Ads 2-3 months<\/small><\/h3>\n\n\n\n
\n
#2 PWD – Prevailing Wage Determination 1-3 months<\/small><\/h3>\n\n\n\n
#3 File PERM<\/h3>\n\n\n\n
\n
\n
I-140 Immigrant Visa Petition<\/h2>\n\n\n\n
\n
![\"Sample](\"https:\/\/am22tech.com\/wp-content\/uploads\/2015\/06\/sample-i140-approval-notice-i797.jpg\")
I-485 Adjustment of Status<\/h2>\n\n\n\n
FAQ<\/h2>\n\n\n\n
India has the longest waiting time in terms of GC availability<\/a>.
What this means is that if you are an Indian and started the GC process in 2019, you can’t file an i485 application unless your country’s Priority date reaches 2019.
Hence, the total time apart from the timings mentioned above (for 3 mandatory paperwork) is this waiting time for your country’s queue to reach your year.<\/p> <\/div> <\/div>\n<\/i>\r\n\t\t\t\t<\/span>\r\n\t\t\t<\/span>