H-1B to Green Card Pathways in San Diego

Quick Answer

San Diego's thriving tech sector, biotech industry, and engineering companies employ thousands of H-1B visa holders. For Arab professionals working at Qualcomm, Illumina, General Atomics, ViaSat, and emerging tech startups, transitioning from H-1B temporary status to permanent residence is a critical career milestone. This comprehensive guide explains the employment-based green card pathways available to San Diego's skilled workforce.

Reviewed for accuracy by

Maria Santos

DOJ Accredited Representative • 15+ years experience

Understanding the H-1B to Green Card Transition

The journey from H-1B temporary work authorization to lawful permanent residence (green card) represents one of the most significant immigration processes for skilled professionals. Unlike the H-1B visa, which requires periodic renewal and employer sponsorship, a green card provides permanent work authorization, freedom to change employers, and a pathway to U.S. citizenship.

Key Differences Between H-1B and Green Card Status:

| Aspect | H-1B Visa | Green Card |
|--------|-----------|------------|
| Duration | 3 years (renewable once for 3 more) | Permanent (renewable every 10 years) |
| Job Mobility | Tied to sponsoring employer | Can change jobs freely |
| Employer Dependency | Requires employer sponsorship | Independent of employer |
| Family Work Authorization | H-4 EAD (limited availability) | Immediate work authorization |
| Travel | Requires valid visa stamp | Can travel with green card |
| Path to Citizenship | None | Eligible after 5 years |
| Portability | Limited (requires new H-1B) | Full portability |

Why San Diego Professionals Pursue Green Cards:

San Diego's employment landscape makes green card status particularly valuable. The region's concentration of defense contractors, biotech firms, and tech companies often requires security clearances and long-term project commitments that favor permanent residents. Additionally, the competitive job market rewards professionals who can demonstrate permanent work authorization.

The employment-based green card process differs fundamentally from the H-1B lottery system. Instead of chance, it relies on documented qualifications, employer need, and priority date placement. Understanding these pathways enables strategic career planning and immigration timeline management.

The PERM Labor Certification Process

Most employment-based green cards require PERM (Program Electronic Review Management) labor certification, a Department of Labor process proving that no qualified U.S. workers are available for the position. This represents the first and often most time-consuming step in the green card journey.

PERM Process Timeline and Steps:

Step 1: Prevailing Wage Determination (2-8 months)
Your employer must obtain a prevailing wage determination from the Department of Labor, establishing the minimum salary required for the position based on occupation, location, and job requirements. San Diego's tech sector typically sees higher prevailing wages due to the region's cost of living and competitive market.

Step 2: Recruitment Process (60-90 days)
The employer must conduct extensive recruitment to test the U.S. labor market:
- Post job opening with State Workforce Agency for 30 days
- Place two Sunday newspaper advertisements in general circulation
- Complete three additional recruitment steps (professional journals, job fairs, websites, etc.)
- Document all recruitment efforts and applicant responses

Step 3: PERM Application Filing
After completing recruitment and waiting the required 30-180 days, the employer files Form ETA-9089 electronically with the Department of Labor.

Step 4: DOL Review (6-12 months)
The Department of Labor reviews the application. Cases may receive:
- Immediate approval
- Audit request (requires detailed documentation of recruitment)
- Supervised recruitment requirement (additional recruitment under DOL oversight)

PERM Approval Rates and Timelines (2025-2026):

| Processing Type | Average Timeline | Approval Rate |
|----------------|------------------|---------------|
| Standard Processing | 8-10 months | 87% |
| Audit Cases | 18-24 months | 73% |
| Supervised Recruitment | 24-36 months | 68% |

Critical PERM Requirements:

The position requirements must genuinely reflect business necessity rather than being tailored to the foreign worker's qualifications. Common audit triggers include:
- Foreign language requirements without business justification
- Overly specific combinations of skills or experience
- Requirements exceeding industry standards for the position level
- Geographic restrictions beyond the area of intended employment

San Diego Market Considerations:

San Diego employers benefit from the region's robust tech and biotech sectors when demonstrating business necessity. Positions requiring specialized skills in wireless technology, genomics, biotechnology, defense systems, or cybersecurity often successfully navigate PERM due to documented regional skill shortages.

The PERM process represents a substantial investment by employers, typically costing $8,000-$15,000 in attorney fees and recruitment expenses. Understanding employer obligations helps employees appreciate their sponsor's commitment and navigate the process collaboratively.

EB-2 vs. EB-3 Category Selection

Employment-based green cards fall into preference categories, with EB-2 and EB-3 representing the primary pathways for skilled professionals. Category selection dramatically impacts priority date wait times and processing strategies.

EB-2: Advanced Degree or Exceptional Ability

The EB-2 category serves professionals with advanced degrees (master's or higher) or exceptional ability in sciences, arts, or business.

EB-2 Requirements:
- Advanced degree (master's degree or foreign equivalent), OR
- Bachelor's degree plus five years progressive post-degree experience, OR
- Exceptional ability demonstrated by at least three criteria:
- Academic records showing degrees relating to exceptional ability
- Letters documenting 10+ years full-time experience
- Professional license or certification
- Salary commanding exceptional ability
- Professional association membership
- Recognition for achievements from peers, government, or organizations

EB-2 Advantages:
- Generally faster priority dates than EB-3 (varies by country)
- Eligible for National Interest Waiver (bypasses PERM in qualifying cases)
- Higher prestige for certain professional positions

EB-3: Skilled Workers and Professionals

The EB-3 category includes skilled workers (requiring at least 2 years training or experience), professionals (requiring at least a bachelor's degree), and unskilled workers.

EB-3 Requirements:
- Bachelor's degree, OR
- At least 2 years job experience or training, OR
- Less than 2 years training (unskilled category - extremely backlogged)

EB-3 Advantages:
- Broader eligibility (bachelor's degree sufficient)
- No exceptional ability documentation required
- May have faster priority dates than EB-2 during certain periods (subject to visa bulletin fluctuations)

Category Comparison for Arab Professionals:

| Consideration | EB-2 | EB-3 |
|---------------|------|------|
| Education Requirement | Master's or bachelor's + 5 years | Bachelor's or 2 years experience |
| Current Priority Date (World) | Current | Current |
| Documentation Burden | Higher | Lower |
| Downgrade Option | Can downgrade to EB-3 | Cannot upgrade without new I-140 |
| Job Requirements Flexibility | Must genuinely require advanced degree | More flexibility in job requirements |

Strategic Category Selection:

The decision between EB-2 and EB-3 involves multiple factors beyond simple eligibility:

1. Priority Date Analysis: Monitor visa bulletin trends for your country of chargeability. Some periods see EB-3 moving faster than EB-2; strategic filing or downgrading can accelerate processing.

2. Job Requirements Authenticity: PERM requires that position requirements reflect genuine business needs. If the job doesn't truly require a master's degree, forcing EB-2 classification may trigger audit or denial.

3. Employer Stability: EB-2 positions typically involve higher-level roles with greater stability, potentially reducing risks of job elimination during the multi-year green card process.

4. Future Portability: I-140 portability (AC21) provisions allow job changes after 180 days of pending I-485, but the new position must be "same or similar." EB-2 classifications provide flexibility for senior-level mobility.

Dual Filing Strategy:

Some attorneys recommend filing both EB-2 and EB-3 I-140 petitions simultaneously (after obtaining two separate PERM approvals). This strategy provides maximum flexibility to pursue the category with the fastest-moving priority date, though it doubles PERM costs and processing time.

For San Diego's Arab tech professionals, EB-2 classification typically applies to software architects, senior engineers, research scientists, and professionals with specialized master's degrees from institutions like UCSD, San Diego State, or foreign universities. EB-3 serves early-career professionals and those in positions genuinely requiring bachelor's-level education without advanced degree necessity.

Priority Dates and the Visa Bulletin

Understanding priority dates represents the single most critical factor in predicting green card timelines. Your priority date determines when you can file for adjustment of status (I-485) and ultimately receive your green card.

What is a Priority Date?

Your priority date is established on the date your PERM application is filed with the Department of Labor (or the date your I-140 is filed for PERM-exempt categories). This date holds your place in line for visa number allocation.

How the Visa Bulletin Works:

The Department of State publishes a monthly Visa Bulletin establishing cutoff dates for each employment-based category and country of chargeability. When the bulletin's "Dates for Filing" or "Final Action Date" reaches or passes your priority date, you become eligible to file I-485 or receive an immigrant visa.

Current Processing Times (February 2026):

| Category | World | China | India | Rest of World |
|----------|-------|-------|-------|---------------|
| EB-2 Final Action | Current | Jan 2020 | Apr 2012 | Current |
| EB-2 Filing Date | Current | Jul 2020 | Jan 2013 | Current |
| EB-3 Final Action | Current | Mar 2021 | Jan 2012 | Current |
| EB-3 Filing Date | Current | Sep 2021 | Jul 2012 | Current |

"Current" vs. "Backlogged" Categories:

When a category shows "Current," all priority dates are eligible for visa number allocation - you can file I-485 immediately after I-140 approval. Most countries remain current for EB-2 and EB-3, but China and India face substantial backlogs due to per-country visa caps.

Priority Date Retention:

Your priority date is remarkably resilient:
- Survives job changes if you port your I-140 under AC21
- Transfers to new employer-sponsored I-140 if previous I-140 was approved
- Remains valid even if underlying I-140 is withdrawn (if approved for 180+ days)
- Can be recaptured years later for new employer sponsorship

Strategic Implications for Arab Professionals:

Most Arab nationals qualify under the "Rest of World" category (neither China, India, Mexico, nor Philippines), benefiting from current priority dates and minimal wait times. This represents a significant advantage over colleagues from backlogged countries.

Concurrent Filing Opportunities:

When your priority date is current (or the Filing Date chart shows current), you can file I-140 and I-485 concurrently - a significant time-saver providing:
- Work authorization (I-765 EAD) within 3-6 months
- Travel authorization (I-131 Advance Parole) within 3-6 months
- Elimination of the waiting period between I-140 approval and I-485 filing

Monitoring Your Priority Date:

Visa Bulletin movements are unpredictable. Successful green card applicants:
- Check the monthly bulletin publication (around the 10th of each month)
- Understand both "Final Action" and "Filing Date" charts
- Monitor USCIS announcements on which chart governs I-485 filing
- Prepare I-485 packages in advance for immediate filing when dates become current
- Consult immigration attorneys when priority dates approach current status

San Diego professionals benefit from proximity to experienced immigration attorneys familiar with local USCIS field office processing patterns and strategies for maximizing concurrent filing opportunities.

Concurrent Filing and I-485 Strategies

The I-485 adjustment of status application represents the final step in the green card process. Strategic filing decisions at this stage can accelerate work authorization, protect against job loss, and secure permanent residence efficiently.

When Concurrent Filing is Available:

Concurrent filing (submitting I-140 and I-485 simultaneously) is possible when your priority date is current under the Visa Bulletin's "Dates for Filing" chart and USCIS announces use of the filing date chart.

Benefits of Concurrent Filing:

1. Immediate Work Authorization: I-765 EAD typically approves in 3-6 months, providing employment authorization independent of H-1B status

2. Travel Freedom: I-131 Advance Parole permits international travel without requiring H-1B visa stamps

3. Job Portability: After I-485 pending for 180+ days, you can change employers to same/similar position under AC21 portability

4. Timeline Compression: Eliminates the waiting period between I-140 approval and I-485 filing eligibility

Complete I-485 Package Components:

Your adjustment application must include:
- Form I-485 for primary applicant and each derivative (spouse/children under 21)
- I-765 (Employment Authorization Document)
- I-131 (Advance Parole travel document)
- I-693 Medical Examination (sealed envelope from civil surgeon)
- Birth certificates, marriage certificates (certified translations if not in English)
- Passport-style photos (2 per person)
- I-864 Affidavit of Support is NOT required for employment-based cases
- Evidence of lawful status (I-94, visa copies, I-797 approval notices)
- Police certificates if required based on residence history

Medical Examination Requirements:

The I-693 medical exam must be conducted by a USCIS-designated civil surgeon. San Diego has numerous authorized physicians experienced with immigration medical exams.

Required vaccinations and tests:
- COVID-19 vaccine series
- MMR (Measles, Mumps, Rubella)
- Varicella (Chickenpox)
- Tetanus/Diphtheria
- Influenza (during flu season)
- Hepatitis A and B
- Tuberculosis screening

Medical exams remain valid for 2 years if signed within 60 days before I-485 filing, or must be submitted within specified timeframes if signed earlier.

AC21 Job Portability Provisions:

Section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21) allows I-485 applicants to change employers without abandoning their applications, provided:

Portability Requirements:
- I-485 pending for at least 180 days
- I-140 was approved (or approvable when filed concurrently)
- New position is "same or similar" occupational classification
- Notify USCIS of job change using Form I-485 Supplement J

"Same or Similar" Standard:

USCIS interprets this flexibly, focusing on:
- Similar occupational classification (SOC code)
- Comparable job duties (not identical)
- Similar or higher wage level

Moving from "Software Engineer II" to "Senior Software Engineer" typically qualifies, while shifting from software engineering to project management may not.

Combo Card Strategy:

The I-765/I-131 combo card (officially the Employment Authorization Document with advance parole notation) provides both work and travel authorization in a single document. Strategic considerations:

Advantages:
- Single application fee covers both benefits
- Convenient wallet-sized card
- Valid for 1-2 years (renewable if I-485 still pending)

Risks:
- Using advance parole for travel abandons H-1B status
- If I-485 is denied after using AP, you may have no fallback status
- Some professionals maintain H-1B status and only use EAD portion

Maintaining H-1B While I-485 Pending:

Many professionals continue H-1B status even after receiving EAD/AP:

H-1B Maintenance Strategy:
- Continue H-1B extensions through employer
- Use H-1B for employment authorization (not EAD)
- Travel on H-1B visa (not advance parole)
- Maintain fallback status if I-485 is denied

This conservative approach protects against I-485 denial leaving you without legal status, though it limits job portability benefits.

Adjustment Interview Preparation:

Most employment-based I-485 cases do not require interviews, but USCIS may schedule them for:
- Marriage-based derivative applications raising fraud concerns
- Inconsistencies in the application
- Background check issues
- Random quality assurance selections

If scheduled for interview at the San Diego USCIS field office:
- Bring original documents matching submitted copies
- Review your entire application for consistency
- Prepare to explain employment history and future intentions
- Bring attorney if represented
- Arrive early with government-issued ID

The San Diego field office (located at 880 Front Street, Suite 1234) typically schedules employment-based interviews within 6-12 months of filing when required.

Maintaining H-1B Status During the Green Card Process

The employment-based green card process typically spans 1-3 years, during which maintaining valid H-1B status is critical unless you've obtained EAD work authorization. Understanding H-1B extension strategies, status maintenance requirements, and interaction with pending green card applications protects against gaps in work authorization.

H-1B Extension Beyond 6-Year Maximum:

Standard H-1B status is limited to six years (initial 3-year period plus one 3-year extension). However, pending or approved employment-based green card applications enable extensions beyond six years under AC21 provisions:

Extension Type 1: I-140 Approved + Backlogged Priority Date
If your I-140 is approved but you cannot file I-485 due to visa unavailability, you qualify for H-1B extensions in 3-year increments indefinitely until your priority date becomes current.

Extension Type 2: PERM or I-140 Pending for 365+ Days
If your PERM was filed at least 365 days ago (or I-140 has been pending 365+ days) and you've reached the 6-year H-1B limit, you qualify for 1-year H-1B extensions.

Timeline Example for San Diego Tech Professional:

| Date | Event | H-1B Status |
|------|-------|-------------|
| Oct 2020 | H-1B initial approval | Year 1 begins |
| Oct 2023 | First H-1B extension | Years 4-6 approved |
| Feb 2024 | PERM filed | 365-day clock starts |
| Sep 2025 | I-140 filed and approved | Eligible for 3-year extensions |
| Oct 2026 | 6-year limit reached | File extension based on approved I-140 |
| Oct 2029 | Second AC21 extension | Continue 3-year extensions |

Cap-Exempt H-1B Opportunities:

While pursuing green card status, you may change to cap-exempt H-1B employers (universities, non-profit research organizations, government research institutions) without counting against the annual H-1B lottery cap. San Diego's institutions like UCSD, Scripps Research, and Salk Institute provide cap-exempt opportunities.

Maintaining Status Requirements:

During the green card process, H-1B holders must:
- Maintain employment with sponsoring employer (or port to new H-1B sponsor)
- Receive the prevailing wage or actual wage (whichever is higher)
- Perform duties within the approved Labor Condition Application
- Maintain valid passport (at least 6 months validity)
- Respond promptly to USCIS Requests for Evidence

Job Change Implications:

Scenario 1: Change Employers Before I-140 Approval
- Must start green card process over with new employer
- Previous PERM and I-140 efforts are lost
- New H-1B petition required (may be cap-exempt if qualifying transfer)

Scenario 2: Change Employers After I-140 Approval (No I-485 Filed)
- Can retain priority date for new employer's I-140
- Must complete new PERM and I-140 with new employer
- Original employer may withdraw approved I-140 if not approved for 180+ days

Scenario 3: Change After I-485 Pending 180+ Days
- Can use AC21 portability to same/similar position
- Retain green card application with new employer
- File I-485 Supplement J notifying USCIS of job change
- Original employer's I-140 withdrawal doesn't affect I-485

H-1B Transfer Process:

Changing H-1B employers requires:
- New employer files H-1B transfer petition (I-129)
- You can start working when petition is filed (not when approved) if currently in valid H-1B status
- Premium processing available ($2,805 for 15-day processing)
- Must maintain documentation of continuous H-1B status

Grace Periods and Gaps:

Current regulations provide:
- 60-day grace period upon H-1B termination to depart U.S., change status, or find new H-1B sponsor
- 10-day grace period before start date and 10 days after end date
- If you lose H-1B status, you typically cannot regain it without departing the U.S. for visa stamping

H-4 Dependent Considerations:

Spouses and children under 21 maintain H-4 status derivative to your H-1B. During green card processing:
- H-4 dependents can file separate I-485 applications as derivatives
- H-4 EAD eligibility depends on your H-1B status (requires approved I-140)
- Children may age out of H-4 at 21 (but CSPA protection may apply for green card)

San Diego's immigration landscape, with its concentration of H-1B employers and experienced attorneys, provides robust support for maintaining status during the often-lengthy green card process. Local USCIS processing centers (California Service Center) have specific procedures and timelines that knowledgeable counsel can navigate efficiently.

Common Challenges and Solutions

The H-1B to green card pathway, while well-established, presents numerous challenges that can delay or derail applications. Understanding common pitfalls and proven solutions enables proactive risk management.

Challenge 1: PERM Audit

Approximately 13-15% of PERM applications receive audit notices requiring extensive documentation of recruitment efforts.

Solution Strategy:
- Maintain meticulous recruitment records from the beginning
- Document all applicant evaluations with specific, job-related reasons for rejection
- Preserve dated copies of all advertisements and job postings
- Respond to audits within 30-day deadline with comprehensive documentation
- Consider attorney representation for audit responses to ensure complete compliance

Challenge 2: Priority Date Retrogression

Visa bulletins can suddenly retrogress, making previously current priority dates unavailable for I-485 filing.

Solution Strategy:
- Prepare I-485 packages in advance when priority dates are approaching current
- File immediately when dates become current (within the month)
- Monitor visa bulletin predictions from State Department and immigration attorneys
- Consider EB-3 downgrade if that category moves faster than EB-2
- Maintain H-1B or other valid status during retrogression periods

Challenge 3: Employer Business Changes

Acquisitions, mergers, restructuring, or business failures can jeopardize pending green card applications.

Solution Strategy:
- Document corporate successor-in-interest relationships immediately
- File amended petitions if business entity changes
- Understand that I-140 approvals survive employer withdrawal if approved for 180+ days
- Use AC21 portability after 180 days of I-485 pending
- Maintain open communication with employer's legal counsel during corporate changes

Challenge 4: RFE (Request for Evidence) Responses

USCIS issues RFEs requesting additional evidence to support PERM, I-140, or I-485 applications.

Solution Strategy:
- Respond within the deadline (typically 87 days for I-485, varies for other forms)
- Address every question and request specifically
- Provide more evidence than minimally requested to strengthen the case
- Use experienced attorneys to draft RFE responses - quality matters significantly
- Don't ignore RFEs hoping they'll go away (will result in denial)

Challenge 5: Layoffs and Job Elimination

Losing your job during green card processing can have varying impacts depending on the stage.

Solution Strategy:

If PERM or I-140 pending:
- Job loss typically ends that employer's green card sponsorship
- Quickly secure new H-1B sponsorship to maintain status
- Start green card process with new employer, potentially retaining priority date

If I-485 pending less than 180 days:
- Job loss may result in I-485 denial
- Secure new employer willing to sponsor new green card process
- Consider consulting attorney about whether to withdraw I-485 or maintain it while starting over

If I-485 pending 180+ days:
- Use AC21 portability to change to same/similar position
- New employer doesn't need to sponsor green card - you port existing application
- File I-485 Supplement J notifying USCIS of employment change

Challenge 6: Marriage and Family Changes

Getting married or having children during green card processing requires adding derivatives to applications.

Solution Strategy:
- Add spouse/children to pending I-485 by filing separate I-485 applications
- If I-140 approved but I-485 not yet filed, include family members when filing I-485
- If married after I-485 approval but before green card issuance, spouse may need to pursue separate immigration pathway
- Understand Child Status Protection Act (CSPA) age calculations for children approaching 21

Challenge 7: Travel During Processing

International travel during pending applications can create complications.

Solution Strategy:
- Obtain advance parole before traveling if I-485 is pending
- Understand that using advance parole abandons H-1B status
- Maintain H-1B visa validity for travel if you want to preserve H-1B status
- Avoid travel during certain processing stages (immediately after PERM filing, during RFE response periods)
- Carry copies of receipts and approval notices when traveling

Challenge 8: Name Discrepancies

Variations in name spelling across documents can trigger RFEs or delays.

Solution Strategy:
- Ensure all documents use consistent name spelling
- Provide name variation explanations in cover letters
- Include legal name change documents if applicable
- For Arabic names with multiple transliterations, establish one primary spelling and explain variations

Challenge 9: Extended Processing Times

USCIS processing times have increased significantly in recent years, with some I-485 applications pending 2+ years.

Solution Strategy:
- File outside normal processing times inquiries when applications exceed posted processing times
- Consider congressional inquiry assistance for unreasonably delayed cases
- Maintain valid EAD and advance parole renewals if I-485 is pending
- Document impact of delays for congressional inquiry support
- Join class-action lawsuits if they emerge for specific processing backlogs

Challenge 10: Criminal Records and Admissibility Issues

Even minor criminal history can impact green card eligibility.

Solution Strategy:
- Disclose all arrests and criminal history, even if charges were dropped or expunged
- Obtain certified court dispositions for all incidents
- Consult immigration attorney about potential waivers for admissibility issues
- Understand that DUI, domestic violence, and controlled substance offenses have serious implications
- Be completely truthful - immigration fraud has permanent consequences

San Diego-Specific Resources:

San Diego professionals benefit from:
- Experienced immigration attorneys familiar with California Service Center processing patterns
- Strong employer community knowledgeable about green card sponsorship
- Active professional associations providing peer support and guidance
- Proximity to San Diego USCIS field office for in-person InfoPass appointments
- Regional immigration advocacy organizations offering workshops and resources

Successful navigation of the H-1B to green card pathway requires vigilance, documentation, and often professional legal guidance. The investment in experienced immigration counsel typically pays dividends through faster processing, fewer RFEs, and higher approval rates.

Frequently Asked Questions

How long does the H-1B to green card process take?
The timeline varies significantly based on your country of birth, preference category, and priority date. For most Arab professionals (qualifying under "Rest of World"), current priority dates allow concurrent I-140 and I-485 filing, resulting in total timelines of 12-24 months from PERM filing to green card approval. PERM labor certification takes 8-12 months, I-140 processing takes 4-6 months (or 15 days with premium processing), and I-485 processing takes 8-18 months.

Can I change employers during the green card process?
Yes, but the timing and stage matter significantly. Before I-140 approval, changing employers typically requires starting the green card process over with the new employer. After I-140 approval, you can retain your priority date for a new employer's sponsorship. After I-485 has been pending for 180+ days, you can use AC21 portability to change to a same or similar position without restarting the process.

Do I need to stay in H-1B status while my green card is pending?
No. Once your I-485 is filed and you receive an Employment Authorization Document (EAD), you can work based on EAD instead of H-1B. However, many professionals choose to maintain H-1B status as a fallback in case the I-485 is denied. Using EAD provides more job flexibility (AC21 portability), while maintaining H-1B provides status security.

What happens if my I-140 is approved but my priority date is not current?
You can extend your H-1B status in 3-year increments beyond the usual 6-year maximum. You'll remain in H-1B status until your priority date becomes current and you can file I-485. Most Arab professionals don't face this issue due to current priority dates for Rest of World countries.

Can my spouse work while my green card application is pending?
Yes. Your spouse can file for an Employment Authorization Document (EAD) concurrently with their derivative I-485 application. H-4 spouses may also qualify for H-4 EAD if your I-140 is approved. The I-485-based EAD typically processes in 3-6 months and is valid for 1-2 years (renewable while I-485 is pending).

What is the difference between EB-2 and EB-3?
EB-2 requires an advanced degree (master's or higher) or exceptional ability, while EB-3 requires a bachelor's degree or at least 2 years of job experience. EB-2 positions must genuinely require the advanced qualifications. Priority date movement varies by category and country - currently both categories are current for most countries, but historically one category may move faster than the other.

Can I travel outside the U.S. while my I-485 is pending?
Yes, but you need advance parole authorization (Form I-131). Apply for advance parole when you file I-485 or anytime while it's pending. Processing typically takes 3-6 months. Important note: using advance parole to travel abandons your H-1B status. Many professionals maintain valid H-1B visas for travel instead to preserve their H-1B status as a fallback.

What is the PERM audit process?
Approximately 13-15% of PERM applications are randomly selected for audit. The Department of Labor requests detailed documentation of all recruitment efforts, applicant evaluations, and business necessity for job requirements. You typically have 30 days to respond with comprehensive documentation. Audit cases add 12-18 months to the PERM timeline. Proper documentation from the beginning is critical.

How much does the employment-based green card process cost?
Total costs typically range from $15,000 to $25,000, including: PERM recruitment and filing ($5,000-$8,000 in attorney fees plus recruitment costs), I-140 filing ($700 government fee plus $3,000-$5,000 attorney fees, optional $2,805 premium processing), and I-485 filing ($1,440 government fee plus $3,000-$5,000 attorney fees, plus medical exam $200-$400). Employers typically pay for PERM and I-140; employees often pay for I-485 and family members' applications.

Will getting a green card affect my security clearance?
No. Lawful permanent resident status (green card) is fully compatible with security clearances at all levels. In fact, many defense contractors and government agencies prefer hiring permanent residents over H-1B workers due to the stability of permanent status and reduced administrative burden. Green card holders can obtain Secret, Top Secret, and even TS/SCI clearances.

FAQFrequently Asked Questions

Q:How long does the H-1B to green card process take?

A: The timeline varies significantly based on your country of birth, preference category, and priority date. For most Arab professionals (qualifying under 'Rest of World'), current priority dates allow concurrent I-140 and I-485 filing, resulting in total timelines of 12-24 months from PERM filing to green card approval.

Q:Can I change employers during the green card process?

A: Yes, but timing matters. Before I-140 approval, changing employers typically requires restarting the process. After I-140 approval, you can retain your priority date. After I-485 pending 180+ days, you can use AC21 portability to change to same/similar positions.

Q:Can my spouse work while my green card is pending?

A: Yes. Your spouse can file for an Employment Authorization Document (EAD) concurrently with their derivative I-485 application. H-4 spouses may also qualify for H-4 EAD if your I-140 is approved. Processing typically takes 3-6 months.

Q:What happens if my priority date retrogresses?

A: If your priority date becomes unavailable after filing I-485, your application remains pending but cannot be approved until the priority date becomes current again. You can continue using EAD and advance parole while waiting. You can also extend H-1B status based on approved I-140.

Q:How much does the employment green card process cost?

A: Total costs range from $15,000-$25,000, including PERM ($5,000-$8,000 attorney fees plus recruitment), I-140 ($700 filing plus $3,000-$5,000 attorney fees, optional $2,805 premium processing), and I-485 ($1,440 filing plus $3,000-$5,000 attorney fees, plus medical exam).

Q:Can I travel internationally while my I-485 is pending?

A: Yes, with advance parole authorization (I-131). Apply when filing I-485 or anytime during processing. Note that using advance parole abandons H-1B status. Many maintain valid H-1B visas for travel to preserve status options.

Disclaimer: This article provides general information about immigration services in San Diego and does not constitute legal advice. SoCal Immigration Services is a document preparation company, not a law firm. For legal advice specific to your situation, please consult with a licensed immigration attorney.

Published: February 15, 2026Last Updated: February 15, 2026

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