H-1B workers can pursue permanent residence without giving up H-1B status. The common employment-based Green Card path involves PERM labor certification, Form I-140, waiting for the priority date to become eligible and filing Form I-485 for permanent residence.

Can an H-1B worker apply for a Green Card?

Yes. H-1B permits dual intent, meaning a worker can pursue lawful permanent residence while maintaining H-1B status. Having an immigrant petition or applying for adjustment of status does not by itself invalidate H-1B status.

There is, however, no automatic H-1B-to-Green-Card conversion. The worker must qualify through an immigrant category, commonly EB-2 or EB-3 for employer-sponsored professionals.

PERM is often the first Green Card step

For many EB-2 and EB-3 cases, the employer first completes the PERM permanent labor certification process with the Department of Labor.

The employer generally obtains a prevailing wage determination, conducts the required recruitment and files the labor certification. DOL uses the process to determine whether qualified U.S. workers are available and whether hiring the foreign worker would adversely affect similarly employed U.S. workers.

PERM is not required for every employment-based Green Card. For example, EB-1 extraordinary-ability cases do not require labor certification, while qualifying EB-2 National Interest Waiver applicants can seek a waiver of the job-offer and labor-certification requirements.

Form I-140 establishes the immigrant petition

After PERM approval when required, the employer generally files Form I-140, Immigrant Petition for Alien Worker, with USCIS.

The case also receives a priority date, which establishes the worker's place in line for an immigrant visa. In PERM cases, the priority date is generally the date DOL accepted the labor certification for processing. For categories not requiring labor certification, it is generally the date USCIS properly receives the immigrant petition.

Priority dates are particularly important for workers born in countries with heavy employment-based visa demand, including India.

When can an H-1B worker file Form I-485?

A worker in the United States may file Form I-485, Application to Register Permanent Residence or Adjust Status, when eligible and when an immigrant visa is available under the applicable employment category.

The State Department publishes monthly Final Action Dates and Dates for Filing in the Visa Bulletin, while USCIS determines which chart adjustment applicants may use.

India remains an oversubscribed employment-based country. In the September 2026 Visa Bulletin, India had backlogs across major employment categories, demonstrating why an approved I-140 does not necessarily mean a Green Card can be issued immediately.

Once the priority date and other requirements allow adjustment and USCIS approves the I-485, the worker becomes a lawful permanent resident.