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San Antonio H1B to Green Card Lawyer

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If you are the current holder of an H1B Visa and you are interested in applying for a Green Card, the H1B Visa has a path in which you can apply to change your H1B Visa to a Green Card.

The H1B Visa is one of the few visas that offers the benefit of “Dual Intent”.

What is a “Dual Intent” visa? A “Dual Intent” visa is a visa that allows you to live and work in the US while simultaneously applying for a Green Card without jeopardizing your H1B status. In simpler terms, it means you can apply for a Green Card with your H1B and not worry about losing it because you’re applying for a Green Card.

H1B to Green Card Application Requirements

When applying for a Green Card as an H1B Visa holder, there is 1 main requirement that must be met:

The US employer must prove that it was unable to replace the Green Card applicant with a US worker who was qualified, willing and available to take the applicant’s job.

The US employer will need to prove that it is unable to find any qualified US workers willing and able to do your job. To prove this, the US employer must post a temporary job posting to show that there are no qualified US workers willing, able, and available to accept the applicant’s job. If the US employer does find a US Worker to fill applicant’s job, the US employer is not required to hire the US worker because this exercise is just a testing of the US labor market, it is not an actual job posting.

H1B Visa to Green Card Application Process

The application process to turn your H1B Visa into a Green Card is a two-step process.

Step 1 – Labor Certification Application (PERM)

Labor Certification Document Checklist.  Once your hire our firm, our immigration attorney will provide you with a tailored checklist of the documents needed to prepare Step 1 of the application.

•  Labor Certification Application (PERM)

First, we will request a determination of what the “prevailing wage” for the applicant’s current position is. A “prevailing wage” is the wage paid to the majority of workers that work in the same area and who are employed in the same type of occupation as the applicant.

Second, the US employer needs to attempt to find a qualified US worker willing and able to perform the applicant’s job. The US employer is required to advertise that is has a job opening and interview any qualified US workers who apply for the job. If the US employer is unable to find a US worker who is willing and able to take the job, then the Labor Certification will be approved.

•  Submit Step 1 of the Green Card Application

Once the Labor Certification Application is approved, we will submit to the US Department of Labor and move on to step 2 of the Green Card application.

Step 2 – I-140 & I-485

I-140 & I-485 Document Checklist.  Similar to step 1, our immigration attorney will provide you with a second tailored document checklist needed to prepare step 2 of the H1B to Green Card application.

•  I-140 & I-485

The final steps in the H1B to Green Card application are forms I-140 and I-485. The I-140 is the application that your employer will use to apply for your Green Card, while the I-485 is the application you will use to apply for your Green Card. These applications are generally filed together. Once both forms are approved, your Green Card will be issued.

For more information contact our San Antonio H1B to Green Card Lawyer

If you would like to set up a consultation with an immigration attorney to discuss the time, costs and other requirements associated with the H1B Visa to Green Card application please call (210) 858-9681.