As an expert in immigration law, I can provide you with a comprehensive understanding of the process by which an H1B visa holder may apply for a Green Card in the United States. The H1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. It is a dual intent visa, which means that while the visa is for temporary employment, it allows the visa holder to have the intent to apply for permanent residency, or a Green Card, while still holding the visa.

**Step 1: Job Offer and Labor Certification (PERM)**
The first step in the process is for the H1B visa holder to receive a job offer from a U.S. employer who is willing to sponsor them for a Green Card. This typically involves the employer going through a process known as PERM Labor Certification. This is a test of the labor market to ensure that there are no qualified U.S. workers available for the job and that employing a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Step 2: Filing the I-140 Petition
Once the PERM process is complete and the labor certification is approved, the employer can file Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). This petition establishes the employer's offer of permanent employment and the intention to hire the foreign worker on a permanent basis.

**Step 3: Adjustment of Status or Consular Processing**
After the I-140 is approved, the H1B visa holder has two options for obtaining their Green Card. They can either apply for an Adjustment of Status (if they are already in the U.S.) or go through Consular Processing (if they are outside the U.S.). The Adjustment of Status is filed using Form I-485, Application to Register Permanent Residence or Adjust Status.

Step 4: Waiting for a Visa Number
Due to annual caps on employment-based Green Cards, there may be a waiting period before the H1B visa holder can proceed with the Adjustment of Status or Consular Processing. This waiting period is dependent on the individual's priority date and the availability of visa numbers.

**Step 5: Medical Examination and Background Checks**
As part of the application process, the H1B visa holder must undergo a medical examination by a USCIS-approved physician and pass background checks to ensure they are admissible to the U.S.

Step 6: Interview and Approval
Finally, the H1B visa holder will have an interview, either at a USCIS office for Adjustment of Status or at a U.S. consulate for Consular Processing. If all the requirements are met, the Green Card will be approved, and the H1B visa holder will become a lawful permanent resident of the United States.

It's important to note that the process can be complex and subject to change based on immigration policy and individual circumstances. It is always advisable to consult with an immigration attorney to navigate the process successfully.

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H1B visa holders can stay and work in the United States for a maximum of 6 years. Once they have reached their 6-year limit, H1B employees may either return to their home country or apply for permanent residency, also known as a Green Card, and begin the H1B to green card process.read more >>