Foreign nationals are able to request an extension of their H-1B status in one-year increments if their Labor Certification or I-140 was filed a year (365 days) prior to the beginning of their exemption from the normal 6-year limit (this takes into account any recaptured time abroad).
The exception is if you have an approved I-140 and your priority date is not current (or if your LCA has been pending for a year). In those circumstances, you will have unlimited extensions until you can complete your green card application process. For H1B Visa Process Visit here
It’s crucial for the foreign worker to maintain lawful immigration status while in the green card process or making the change from H-1B to Green Card (EB-2/EB-3). In order to do so, you must submit an I-485 petition to USCIS–this generally occurs after the USCIS has already approved your employer’s I-140. In some instances, concurrent filing may be selected which permits both the I-485 and I-140 petition to be submitted at the same time.
Here are the steps for transitioning from H-1B to green card status:
A. You must first find an employer who is willing to sponsor you for your green card by offering you a position that qualifies under an employment-based green card category. This can be either your H-1B visa employer or a different employer.
B. Then, your employer must obtain a PERM Labor Certification. This means that the prevailing wage will need to be determined and eventually paid as your wage, an extensive recruitment process must take place for the position you will fill to ensure that no U.S. workers are available, and an ETA 9089 form must be filed.
C. Once the PERM has been approved, your employer must then file an I-140 Immigration Petition for Alien Worker.
D. As soon as the USCIS receives your petition, that date is your priority date. You will need to wait until your priority date becomes current before moving on to the final step.
E. Once you have a current priority date, you can apply for an adjustment of status by submitting the I-485 form with the USCIS. If it is approved, then you will receive your green card.