Learn the H1B to Green Card Process for EB2 and EB3 visas. The employment green process has many requirements which are best handled by an EB2 visa lawyer. Our firm can help you acquire an employment based green card to work and live in the United States.

1. From H1B to Green Card
Process | EB2 or EB3 Visa
SGM Law Group
www.immi-usa.com
(877) 811-3541
@ShilpaMalikEsq

2. Introduction
 Individuals under H-1B or L-1 status are
frequently eligible to apply for a green card for
the right to live and work permanently in the
United States.
 The process of applying for an employment-
based green card while on H-1B has many
benefits, especially if you have an approved I-
140.

3. From H1B to Green Card Process
 Foreign nationals can request an extension to their H-1B
status in one-year increments if their Labor Certification or
I-140 was filed a year (365 days) prior to the end of their 6
year limit.
 The exception is if you have an approved I-140 and you
priority date isn’t current (or if you LCA has been pending
for a year) then you have unlimited extensions until your
green card application is complete.

4. Requirements
Foreign worker must:
◦ maintain lawful immigration status while in the process
of applying for a green card or making the change from
H1B to Green Card (EB2/EB3).
◦ In order to do so you must submit an I-485 petition to
USCIS–this generally occurs after the USCIS has already
approved your employer’s I-140.

5. Consequence of Delaying the Green
Card Process
What happens if you wait until your H-1B status
expires before applying for a green card?
By submitting an I-485 you’re essentially asking USCIS to adjust
your status from H1B to green card (lawful permanent resident).
If you are not in status, meaning that your H-1B has already
expired then you can’t technically adjust it. For that reason,
USCIS will usually deny your request.

6. When Does My H-1B Status Expire?
 You can determine the date when you H-1B status expires
by looking at the date on Form I-94 Arrival/Departure
Record.
 You should have an I-94 card from the port of entry officer
who performed the inspection upon entrance to the U.S.
(before April 2013).
 If you entered the U.S. then changed your status to H-1B
then it will be at the bottom of the USCIS approval
document. Individuals can consult the Customs and Border
Protection database for an electronic copy of the I-94.

7. Regaining H-1B Status After Expiration
If your H-1B status has expired:
 USCIS may allow you to extend the status (under section
214.1(c)(4) regulation 8 C.F.R. if you meet their criteria:
 The applicant or petitioner was delayed in filing the
extension due to extraordinary circumstances outside your
control.
 Alien hasn’t violated their non-immigrant status, remains a
bonafide non-immigrant and is not the subject of removal
proceedings or deportation.

8. EB2 or EB3 Visa?
 The EB2 category is for professionals holding
advanced degrees or individuals with exceptional
ability in the arts, sciences, or business.
 The EB3 category is for skilled workers,
professionals holding Baccalaureate degrees and
individuals in the other workers category.

9. Employment Second Preference
What is required?
 A job offer is required and the U.S. employer
must file a petition on behalf of the applicant.
Aliens may apply for exemption from the job
offer and labor certification if the exemption
would be in the national interest, in which case
the alien may file the petition, Form I-140, along
with evidence of the national interest.

10. Employment Third Preference
What is required?
 Third Preference applicants require an approved
I-140 petition filed by the prospective employer,
a labor certification, or Schedule A designation,
or evidence that they qualify for one of the
shortage occupations in the Labor Market
Information Pilot Program.

11. WE OFFER FREE EMPLOYMENT-
BASED VISA CONSULTATIONS
CONTACT US TODAY TO EXPLORE YOUR
OPTIONS
www.immi-usa.com

12. SGM Law Group offers services in the following areas:
 H-1B, E, L, O, P, H-3, J, K and U Visas, as well as I-130 and
I-140 Immigrant Petitions with Accompanying Adjustment of
Status (I-485)
 EB-1 Extraordinary Ability Petition
 PERM Labor Certification with the Department of Labor
 EB-2 and EB-3 Employment based Green Cards
 Investment Based and Treaty Trader Visas and EB-5 Green
Card
Contact us today online or by phone!

13. This presentation is designed for general
information only. The information
presented here is not intended to be
formal legal advice or the formation of a
lawyer/client relationship.
(877) 811-3541