How much time would it take to transfer from H1 to green card? 10 Answers as of February 17, 2012

*PERM Labor Certification* A Labor Certification is an application filed by your future employer. Labor Certification is now known as PERM and moves through the system much faster than before. In fact, if everything goes smoothly, after filing the Labor Certification, it could take only 60 days. This is years faster than before. It is an offer of employment that will allow you to work for that employer when you get your Green Card. My office prepares the paperwork and application and then sends it out for signature to you and your employer. We guide both of you through the entire process so that you will never wonder what to do next. Please note that even though the Labor Certification process is much faster, that it is still taking years for the visa number to become current. It is not a transfer, but a completely new application for the Green Card.

Currently, the H1b quota is all used up. You can file in April for a start date of October 1st. However, there are many factors involved in an H1b that would need to be reviewed.

Any question as to how much time something will tak is question for USCIS and can be found on USCIS's website because lawyers don't get to decide how long a petition takes and have no control over it.

The immigrant visa petition will be approved in approximately 6 months. However, as you are a green card holder, your husband will have to wait for a visa to be available. It will take approximately 2-3 years for a visa to be available. A firm amount of time cannot be given as availability varies month to month and also depends upon your husband's native country. Your husband must remain in a lawful immigration status during this time or return to his native country at the end of his status. He will not be able to adjust his status in the U.S. if he is not in lawful immigration status or accrues unlawful presence as you are not a citizen. Please keep in mind that if you naturalize during this process, the petition can be upgraded and a visa will become immediately available.

It really depends on his country of birth and how much longer you have before you can become a US citizen. Minimally, it would probably be about 2-3 years.

The waiting period depends on how long it takes you to become a US citizen, as you must be a citizen to sponsor your husband and overcome the waiting period , which is 5 to 7 years now. He can also be sponsored by his employer, which takes several (3 to 6) years as well.

If you petition for your husband as an LPR, then he will be in the F2A category for children and spouses of Legal Permanent Residents. Right now, the priority dates current in that category are from July 2009. Therefore, there is about a three year wait for petitions that are being submitted right now in that category. If you are eligible to apply for your citizenship, you should consider doing so, because that would classify your husband as an Immediate Relative instead and he could file his application for a green card simultaneously. I think you should meet with an attorney who can explain the process and options to you more thoroughly.

It's not a transfer. If you are an LPR and you petition for him, he is an FB-2A. That family-based preference classification has a backlog to July 22, 2009. You need to file the I-130 to get him the priority date. You must consult with an immigration attorney to make sure that the filing will not conflict with his non-H-1B NIV options.

It depends from state to state. Usually it takes any where from 3 to 24 months.