H1B Visa – Work in US to Green Card Guide

H1B Visa - Path to green card with US employer. Step by step guide to find H1B sponsor, stamping and green card process. Valid for 3 years. Stay upto 6 years.

Written by Anil Gupta
  By Anil Gupta          Updated  31 Oct, 19


Find H1B Employer – From Outside USA

  1.  List of H1B employers – 2017

File H1B – To be done by Employer in USA

  1. File LCA (Labor condition Application) at work location. Processing Time – 2 weeks.
  2. File Prevailing Wage Determination at work location.
  3. File form I-129 application for non-immigrant worker with USCIS. H1B lottery requirements.
  4. H1B RFE (Request for Evidence).
    1. Documents for H1B Employer Employee Relationship Proof – RFE
    2. H1B RFE response processing time
  5. Current H1B Processing Time – Updated Daily.
  6. Receive H1B approval – Form i797 notice of approval is received.

File H1B Visa with US embassy

  1. File H1B, H4 (for dependents – Spouse, kid < 21 yrs).
  2. Use H1B i797 approval to get visa stamps in your passport.
  3. Fill Online application DS-160 form to apply for US visa.
    1. DS-160 – Ten printed meaning?
  4. Renewing H1B visa at US embassy?
  5.  Documents required for OFC (Offsite Facilitation Center) appointment – fingerprints and visa photograph process.
  6. Appear for visa interview appointment with US embassy.

Visa Interview at US embassy – Visa approved

  1. Visa approved but CEAC passport status = ‘Admin processing’.
  2. Travel to US with approved visa.
  3. i94 issued at Port of entry. USA Status = H1B

Start working in USA on H1B Visa

H1B Job Lay off?

If you lost your H1B job, you have 60 day grace period to find a new H1B employer.

H1B Transfer – Changing Jobs on H1B in USA

Want to change employer? Leave consulting company and join direct client? Notice period and employment contract in US.

Example: TCS experience

Plan your H1B transfer before or after i94 expiry.

240 day rule with H1B Transfer pending:

  1. You can stay and work in US after i94 expiry with NO 240 day limit, if your H1B Transfer is pending with USCIS.

H1B Amendment – Change client or work location

Amendment to your approved H1B is required if you change your MSA (Metropolitan Statistical Area).

240 day rule with H1B Amendment pending:

  1. You can stay and work in US after i94 expiry with NO 240 day limit, if your H1B Amendment + extension is pending with USCIS.

H1B Extension

Extend your stay in US past your current H1B validity.

240 day rule with H1B extension pending:

  1. You can stay and work in US after i94 expiry up-to 240 days, if your H1B extension is pending with USCIS.
  2. You can stay but CANNOT work in US after i94 expiry and after 240 days, if your H1B extension is pending with USCIS.

Change of Status

  1. Changing status means changing visa type to stay in USA while you are physically in US.
  2. There are complications involved when you changed status from H1B to H4 and now want to go back to H1B.

Travel while H1B is Pending

If you plan to travel while your H1B extension, amendment, change of status or transfer is pending with USCIS, you should evaluate your options before travelling.

File Green card Application – Only Employer can file

PERM approved

  • File i140

PERM pending

  • PERM in Audit

File I140

H1B extension after 6 years quota complete

Green card priority date waiting

  1. Employment based Green Card Priority dates
  2. Indian Green Card EB2 Predictions
  3. Official USCIS data for Indian EB2 i485 pending applications – 2018
  4. File i485 when GC priority date is current.
  5. Travel outside USA while EAD/AP, Green Card i485 is pending.
  6. i485 pending EAD processing time – updated daily.
  7. Get EAD i485, EAD and Green Card.

Get Green card, File Citizenship after 5 years

Live life US style. Enjoy.

USA Work in USA - H1B, L Visa

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