OUR IMMIGRATION SERVICESH-1B Visa

H-1B Visa: Your Gateway to U.S. Employment

The H-1B visa is one of the most sought-after work visas for skilled professionals looking to advance their careers in the United States. Whether you’re in IT, engineering, science, finance, or other specialized fields, the H-1B visa provides a clear path to work legally in the U.S.

Key benefits of the H-1B visa

Job Specific Opportunity: Tied to your employer, the H-1B visa allows you to work in a role that requires specialized knowledge.
Dual Intent Advantage: You can apply for permanent residence (a green card) while maintaining H-1B status.
Initial Term and Extension: Issued for three years with the option to extend for an additional three years, allowing up to six years of employment in the U.S.
Annual Cap Flexibility: Up to 65,000 visas are available annually, with an additional 20,000 reserved for advanced degree holders from U.S. institutions.

Navigating the H-1B process can be challenging due to regulations and annual caps, but Arvian Law Firm specializes in ensuring smooth, efficient applications. Our experienced team will guide you through the eligibility and documentation requirements, simplifying the process every step of the way.

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H-1B → EB-2: which path to choose and how to keep your status safe

Compare EB-2 via PERM and EB-2 NIW, see H-1B extensions beyond 6 years under AC21, and learn which Visa Bulletin chart applies this month.

Criterion	EB-2 (via PERM)	EB-2 NIW (self-petition)
Sponsor required	Yes — employer + PERM	No — NIW self-petition
Key steps	Prevailing Wage → Recruitment → PERM → I-140 → I-485/CP	NIW packet (U.S. benefit, plan, qualifications) → I-140 → I-485/CP
Timeline bottlenecks	Prevailing Wage & PERM (possible audit)	Proving national interest (evidence burden)
Premium Processing	I-140 — available	I-140 — available
Who pays PERM costs	Employer (per DOL rules)	Not applicable
Best when	Employer, role and recruitment budget are in place	Your work has substantial U.S. benefit; flexibility matters

We cover PERM cost rules/exceptions during the consultation.

H-1B extensions under AC21 (beyond 6 years)

§106(a)-(b): +1 year

§104(c): +3 years

+1 year: PERM or I-140 filed ≥ 365 days before the end of the 6th year.
+3 years: I-140 approved but immigrant visa numbers are unavailable under the Visa Bulletin.

Maintaining status and portability depends on filing dates and which AC21 section applies.

How to read the Visa Bulletin right now

Check which chart USCIS is using this month: Final Action or Dates for Filing.
Track your priority date and country of chargeability.

FAQ: Can I file I-485 while staying on H-1B?

Yes, when your date is current under the applicable chart. Keeping H-1B alongside EAD/AP often reduces travel and job-change risks.

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Transitioning from H-1B to EB-2 Green Card: Your Path to Permanent Residency

Why an EB-2 Green Card?

Designed for professionals with advanced degrees or extraordinary abilities, the EB-2 Green Card is an ideal option for those seeking to settle permanently in the United States.

Key Benefits of the EB-2 Green Card:

Permanent Residency: Unlike the temporary nature of the H-1B, the EB-2 provides the security of permanent residency.
Freedom and flexibility: You’re no longer tied to a specific employer and can explore new career opportunities or start your own business.
Expedited processing for eligible professionals: Applicants with advanced degrees or those who qualify for a National Interest Waiver (NIW) can often benefit from expedited processing.
Priority Date Security: Starting the EB-2 petition early allows you to secure your priority date, minimizing delays in green card issuance.

For H-1B visa holders, transitioning to EB-2 is a practical and advantageous step toward long-term residency and career growth.

Simplifying the EB-2 Application Process

Successfully transitioning from an H-1B visa to an EB-2 green card requires careful planning and strict adherence to U.S. immigration regulations.

Steps to transition to EB-2:

Labor Certification (PERM)
- Your employer files an application with the Department of Labor to prove that hiring you will not adversely affect U.S. workers.
Filing the I-140 Petition
- After PERM approval, your employer files the I-140 form with USCIS, confirming your qualifications and eligibility for the EB-2 category.
Adjustment of Status or Consular Processing
- If you’re in the U.S., file Form I-485 to adjust your status. If you’re abroad, complete consular processing to secure your green card.

At Arvian Law Firm, we handle the complexities of the EB-2 process, including meeting documentation requirements, avoiding delays, and ensuring that your application is as strong as possible. With our expertise, you can confidently navigate the transition and achieve permanent residency.

Answers to FAQs

What is the annual cap for H-1B visas, and how does the lottery system work?

The U.S. government issues up to 65,000 H-1B visas each fiscal year, with an additional 20,000 reserved for individuals holding a master’s degree or higher from U.S. institutions. Due to high demand, a lottery system is used to select applicants.

Can I switch employers while on an H-1B visa?

Yes, you can switch employers, but the new employer must file a transfer petition with USCIS before you begin working for them.

How long does the EB-2 green card process take?

The timeline depends on factors such as labor certification processing, USCIS processing times, and visa availability. For applicants from countries with high demand, such as India or China, wait times can be significantly longer.

What happens if my H-1B visa expires while I’m waiting for my EB-2 green card?

If your green card process is initiated, you may be eligible for H-1B extensions beyond the six-year limit under the American Competitiveness in the 21st Century Act (AC21).

Can I apply for an EB-2 green card without an employer sponsor?

Yes, if you qualify for a National Interest Waiver (NIW), you can self-petition for an EB-2 green card without the need for employer sponsorship.

What happens if my PERM labor certification is denied?

If your labor certification is denied, you can appeal the decision or reapply with updated documentation and corrections. Consulting an experienced immigration attorney can help avoid common pitfalls.

Do H-1B dependents have work or study rights in the U.S.?

H-1B dependents (H-4 visa holders) can study in the U.S., and under certain conditions, they may also qualify for work authorization (H-4 EAD) if the H-1B holder’s green card process is underway.