From H-1B to Green Card
The lottery, the cap, dual intent, and the road from an H-1B to a sponsored green card.
How H-1B works
H-1B is a temporary work visa for specialty occupations requiring a degree or equivalent. Most new H-1Bs go through an annual lottery: employers register in March, and USCIS selects 65,000 regular petitions plus 20,000 for US advanced-degree holders.
An H-1B is granted for up to three years, extendable to six. Premium processing is available at 15 business days.
Dual intent: the key advantage
H-1B allows dual intent: you can hold a temporary visa while pursuing a green card. That is not true of every visa, and it is what makes the H-1B-to-green-card path work.
Your employer can start the PERM green-card process while you work on H-1B, and you keep working while the case moves through its stages.
Beyond six years
Normally H-1B ends at six years, but two rules extend it: a PERM or I-140 pending for at least 365 days allows one-year extensions, and an approved I-140 with a backlogged priority date allows three-year extensions.
These extensions are why workers born in India or China can stay and work for many years while their EB-2 or EB-3 priority date slowly advances.
The risks
H-1B status depends on the sponsoring employer and the specific job. Losing the job means a 60-day grace period to find a new sponsor, change status, or leave.
The lottery is also a gamble: many registrations are not selected, and there is no appeal for a non-selection. Some workers use alternatives — L-1, O-1, TN, or studying — while waiting for another lottery year.
Where to go next
General information only — not legal advice. Always verify at uscis.gov and travel.state.gov before acting.