H-1B to Green Card Process in 4 Steps

BY CHRIS TOBIAS

Many foreign workers come to the United States each year, obtaining permanent and temporary statuses to reach their immigration goals. Most of these individuals want to eventually make the US their permanent home but come for a brief stay first to either test it out or because they didn’t qualify for a US Green Card. Luckily some work visas, like the H-1B Visa, are considered “dual intent,” which means it was created to build pathways to permanent residency for foreign workers.

When Should I Apply for a Green Card?

A common question is when the best time to apply for a Green Card as an H1B visa holder is, and the answer is when your US employer is ready to sponsor you. Usually, this is after a couple of years of having your H-1B visa, or else your employer would’ve just sponsored you for a Green Card! This process, from start to finish, can take anywhere from 6 to 18 months, so it’s better to start sooner than later and never close to your H-1B visa expiry date.

Here are the four significant steps within this H-1B to get a Green Card:

Step 1: Find a Qualified US employer to Sponsor You

When transitioning from H-1B to Green Card, workers are either currently employed by a qualified US employer or are seeking a job with a suitable employer to petition them for a Green Card. In most cases, this process is most straightforward when you’ve worked in the US for a few years for an employer you know is qualified but is now ready to sponsor you for a more permanent role.

Step 2: Employer Must Obtain a PERM Labor Certification

Receiving a PERM Labor Certification is a super important step to your H-1B to

Green Card process, and it’s something your employer needs to do themselves! A PERM Labor Certification, which stands for Program Electronic Review Management, is a test that needs to be submitted to the US Department of Labor to ensure there aren’t any jobless US residents willing, qualified, or available to do the job. They check that no one’s wages are being affected by you taking the job. Employers must only pay associated fees when submitting Form I-140 to the USCIS, which goes to Step 3.

Step 3: Employer submits a Form I140

After your employer’s PERM Labor

Certification is approved, they must submit a Form I-140 (Immigrant Petition for Alien Worker) which is the petition for you to work in the United States. This form must be submitted with the approved PERM labor certification. If your petition is approved, the USCIS will send you an approval notice indicating that you can move to the next stage of your Green Card application process. As soon as the USCIS receives your petition, that date is your priority date which is essentially your spot in the queue to obtain a Green Card.

Step 4: Submit a Form I-485

Once you have reached your priority date, you must submit Form I-485, your permanent residency/adjustment of status petition. If it is approved, then you will receive your Green Card. Good luck!

Do You Want to Adjust Your H-1B to a Green Card?

Ready for the next step? Contact the Law Firm of Figeroux & Associates today. Your case will be handled by competent and experienced immigration attorneys and professionals with over 25 years of experience. Call 855-768-8845 or schedule an appointment at www.askthelawyer.us.l

Can You Make Your Own Estate Plan, Or Do You Need a Lawyer?

Do you anticipate family conflict over your property when you die? Do you live outside of the U.S. or own property outside the U.S.? How much do you expect your estate will be worth when you die? Are you interested in avoiding probate for your estate? Probate is a court-supervised process that can cost your loved ones time and money. Do you plan to leave property directly to your loved ones, and are your plans straightforward? Or are you hoping to make more complex gifts?

You may want to name the age at which your children or other minors receive their inheritances. Or you only want to make a gift if someone satisfies a specific requirement. (Example: You want your niece to get an inheritance only if she goes to college.) Do you want to make a gift for someone's lifetime but then pass it to someone else? (Example: You want your spouse to be able to use your home while they are alive, but after their death, you want the house to pass to your children from a previous marriage.)

Do you want to make a gift to someone with special needs? Do you want to gift someone who can't manage their finances, even in adulthood or with significant debt? (Example: You want to leave money to your son with a gambling addiction.)

Whenever you leave money or other forms of property to minors, you need to name someone to manage it, at least until they become adults. However, you don't need a lawyer to make this arrangement; there are many ways to do this, simply in a living trust or will.

Many lawyers recommend refraining from making conditional gifts (gifts that require the recipient to fulfill a requirement). These gifts create confusion and, at worst, can make your will unenforceable. But you'll need to see a lawyer if you still want to make a conditional gift. In other situations, you should get advice from an experienced estate planning attorney.

1. You Anticipate Family Conflict

While most families won't end up fighting over a will in court, some certainly do. If you're worried about disputes—for example, you have children from a previous marriage who you expect will clash with your spouse—consider consulting a lawyer. An estate planning attorney can help you anticipate future problems and identify and express your exact wishes for what you want to happen to your property.

2. You Live Abroad or Own Property in Another Country

Simply living abroad doesn't automatically disqualify you from using U.S.based online wills and estate planning software. If you're temporarily working, studying abroad, or on active duty for the military, you probably still have ties to a U.S. state. For estate planning purposes, you can make a will or living trust using a reputable DIY product based on U.S. laws. But if you've permanently relocated to another country, you should use a lawyer well-versed in the laws of your country or region.

If you've moved abroad but own property in the U.S., you can still use a DIY product or form to make a financial power of attorney (POA). This document names someone you trust to manage that U.S. property on your behalf.

If you want to create a health care directive (also known as a "living will" and "medical power of attorney"), you should use the forms that are familiar to the medical professionals where you're currently living. This might mean consulting a lawyer in that country or using a standard form if one is available. Since a medical emergency can happen at anytime, you want your healthcare directive to be legally valid immediately in your country or region.

If you live in the U.S. but own a property abroad, you'll also want to consult a lawyer familiar with the country's laws to make plans for that property after your death.

3. You Might Owe Estate Taxes

Hardly anyone owns enough assets to trigger federal estate taxes when they die. Currently, for deaths in 2023, estates don't need to pay federal estate tax unless there's more than $12.92 million worth of property. This threshold amount is subject to change with the political climate, but even so, most people simply won't need to worry about it.

About a quarter of the U.S. states impose their state estate tax. While most of these states impose estate tax at a lower threshold than the federal estate tax—so that your estate may owe state estate tax but not federal estate tax—the tax rate for state estate tax is also lower.

If you own property valued in the millions and would like to explore ways to protect your assets from estate tax, consult an estate planning attorney specializing in transferring wealth.

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4. You Have a Complex Goal for Your Estate Plan

You should also talk to a lawyer if you have complex conditions or plans for the inheritance you leave.

Conditional Gifts

Some people want to place conditions on gifts to their loved ones—for example, you want to leave money to a grandchild only if they graduate from college. While you might have good reasons for this restriction, conditional gifts can create confusion and lead to disputes over whether the condition has been fulfilled. We don't recommend making conditional gifts in your will or living trust, but if your heart is set on it, find an attorney to help.

Life Estates

Perhaps you want to leave property to one person (such as your spouse) for use during their lifetime but then have it pass to a different person (such as your child from a former marriage) upon the first person's death. If you want to arrange this (called a "life estate"), you'll need a lawyer to help you set it up.

Spendthrift Trusts

If you want to leave money to a loved one who has significant debt or is irresponsible with money, you might be concerned about how that inheritance will be spent. One solution is a spendthrift trust, in which you name a trusted person or institution to dole out the money to your loved one a little at the time. Or you could earmark the money to pay certain expenses, such as rent, directly. The property in the trust is also protected from most creditors. If this sounds like something you want in your estate plan, find a good estate planning lawyer.

5. You Want to Leave Property to Someone With Special Needs

If your loved one has special needs or a disability, be cautious about how you leave money or property to them. If your loved one receives government benefits, an increase in their assets can easily jeopardize their eligibility.

If your loved one already has a special needs trust set up on their behalf, you can

Organ Donor

When you make a commitment to donate healthy organs or tissue at the time of your death, you positively impact the lives of numerous others. When planning your legacy, it’s easy to have your loved ones at the forefront of your mind, but a simple registration could influence the health of a stranger.

make a simple will that leaves money for that special needs trust. But if your loved one doesn't have such an arrangement, see a lawyer who can also help you thoroughly explore your options for leaving gifts to someone with special needs.

6. You Own a Business

If you haven't yet made arrangements (for example, in an operating agreement or partnership agreement) for what will happen to your business before you become incapacitated or die, you should get a lawyer's help to make a plan.

Legal Help

Estate planning is a necessity, not a luxury! Consult with the Law Firm of Figeroux & Associates. With over two decades of experience, you are in the right hands. Experience matters! Call 855-768-8845 or schedule an appointment at www.askthelawyer.usp

According to the United States Department of Health & Human Services, there are two ways to sign up to be an organ donor. From the comfort of your home, visit their website and fill out a simple form. If you would rather complete the process with a representative, the experts at the local Department of Motor Vehicles can help.

How You Can Help

Adults who are legal citizens of the United States are eligible to donate organs at the time of death, and, in some cases, during their lifetime. Of course, certain diseases may inhibit you from becoming a donor; be honest about your health conditions during registration.

Make sure to discuss your wishes with your family. Conversations regarding death are never easy. You should approach the subject with sensitivity by discussing the benefits that registration offers to others.p

One in six residents in nursing homes and community facilties were neglected last year resulting in thousands of families experiencing trauma, mental illness, medical emergencies, and even death. Nursing home abuse and neglect is real.

Has your loved one experienced any of these or other types of abuse?

•Bedsores

•Choking/Death

•Falls

•Fractured Bones

•Infections

•Improper Treatment/Medication

•Malnutrition/Dehydration

•Respiratory Illness

•Sexual Abuse

•Sexual Assault

Experience matters. The lawyer you hire does make a difference. Schedule a consultation now.

Get compensation for your loved one’s suffering. Call 855-768-8845 or visit www.askthelawyer.us