Worth the Wait: Helping Our Indian Client Go From F-1 to H-1B to Green Card

The F-1 to green card process for Indian nationals is long and complex—but this story proves it’s worth the wait.

As an immigration lawyer, some cases will stay with me long after the approval notice arrives and this was one of them. Not just because it was the longest-running case we’ve had at Gardner & Mendoza (13 years!), but because of the extraordinary perseverance of “Raj” and “Priya,” an Indian couple who has built a life here, is raising two beautiful U.S. citizen children, and never gave up even when the immigration system seemed to throw everything at them.

For many Indian nationals, the wait for an employment-based green card can stretch over a decade due to visa backlogs and per-country limits. This case was no exception.

Here’s their journey from F-1 to H-1B to green card with a full breakdown of what we did at each stage, and key lessons and practice tips for anyone walking this long path.

Understanding the F-1 to Green Card Process for Indian Nationals

Step 1: H-1B Visa – The Beginning of the Journey

Raj’s U.S. immigration story began in 2012 when we helped him obtain an H-1B visa. We carefully analyzed Raj’s background and job offer to ensure it qualified as a “specialty occupation.”

What We Did:

Analyzed the offered job and Raj’s degree to confirm it qualified under USCIS’s “specialty occupation” standards
Advised employer on wage level and compliance
Filed and received a certified Labor Condition Application (LCA)
Prepared and filed Form I-129 and all supplements
Submitted supporting documents: degree evaluation, job offer, organizational charts, etc.
Paid and submitted required USCIS fees

Practice Tips:

Don’t assume job titles speak for themselves – break down the duties clearly
Start early – coordination with HR and documentation takes time

Throughout this entire journey, we were consistently filing H-1B extensions for Raj and H-4 extensions for Priya, along with H-4 EAD applications when she became eligible. These routine filings were essential in maintaining lawful status and work authorization while waiting for the green card process to play out.

An H-1B holder can receive extensions beyond the typical six-year limit if they have a pending or approved I-140 petition and meet certain timing requirements under the American Competitiveness in the 21st Century Act (AC21). A spouse on H-4 can apply for an H-4 EAD once the principal H-1B holder has an approved I-140.

Step 2: PERM Labor Certification – The First Major Hurdle

Next, we began preparing for Raj’s PERM labor certification. His case triggered an audit, which is common, extending the timeline. Luckily Raj’s employer was very organized, and we were able to submit a recruitment report fairly quickly to respond to the audit.

What We Did:

Reviewed job requirements to ensure they weren’t overly restrictive
Filed prevailing wage determination (PWD) request with DOL
Educated the employer on all recruitment steps necessary and coordinated them: state employment commission, newspaper print ads, online postings, internal notices
Advised the employer to be extremely organized with their recruitment and to create a detailed report
Responded to audit with full documentation
Received certified PERM

Practice Tips:

Document every step of recruitment to withstand audit scrutiny
Prepare for delays – audits are common and can be time-consuming

Step 3: EB-2 I-140 Petition

With PERM approved, we filed Raj’s I-140 under EB-2.

What We Did:

Filed Form I-140 with employer financials and supporting evidence
Verified Raj’s credentials and met EB-2 eligibility
Received approval

Practice Tips:

Employer financials must show ability to pay from priority date onward; the priority date is the date that your employer filed the PERM application; we reviewed the employer’s financials at the outset of the case to ensure we could show ability to pay at this stage.
Track your priority date – this date is critical for when you look at how your case is progressing per the Visa Bulletin

Step 4: EB-3 Downgrade Strategy

At one point, the Visa Bulletin showed that EB-3 became current based on the priority date in Raj’s case. We decided to file a second I-140 under EB-3 using the same certified PERM application. But USCIS required the original certified PERM, and they were overwhelmed with similar requests.

What We Did:

Requested release of original PERM application from USCIS
Filed EB-3 I-140 and concurrently filed I-485s and supporting applications for Raj and Priya
Submitted full documentation set for green card filing

Practice Tips:

Review the Visa Bulletin regularly and and move fast when the bulletin changes favorably – windows may not stay open long

Step 5: Interfiling Back to EB-2

Later, EB-2 became more favorable and strategically, we chose to interfile instead of refiling I-485s, as USCIS discouraged duplicate filings at the time of I-485s. Remember, we already filed I-485s with the EB-3 I-140.

What We Did:

Submitted interfiling request to USCIS, linking I-485s back to EB-2
Monitored for action – it’s critically important to keep communicating with USCIS

Practice Tips:

Keep both I-140s alive – EB-2 and EB-3
Be ready to follow up – interfilings often lack transparency because there is no official form to request it

Step 6: I-485 Filing – The Green Card Application

Even though we submitted the I-485s when Raj’s priority date became current, EB-3 retrogressed again before the end of the month.

What We Did:

We requested that the already-filed Forms: I-485, I-765 (EAD), and I-131 (AP) be associated again with the EB-2 I-140, because it had a more favorable cut-off date for our client
Submitted medicals, birth/marriage documents, prior immigration history
Monitored the visa bulletin, which quickly retrogressed

Practice Tips:

Always file EAD and AP – it provides flexibility
Have medicals ready to speed adjudication

Step 7: The Final Push and a Birthday Surprise

Years later, when the visa finally became current again, we emailed our local USCIS field office supervisor and asked to pull Raj’s and Priya’s files and process them within the month; the supervisor had told me years prior that she would hold our clients’ files in their office and not send them somewhere else so she could quickly pull them and adjudicate when their priority date became current. She kept her word and acted quickly when I sent an email. Kudos to her and her whole team for doing this!

What We Did:

We received an RFE (request for evidence) from USCIS and provided a comprehensive response with updated financials and medicals
USCIS approved the green cards (on my client’s birthday!)

A Conversation I’ll Never Forget

I called Raj on his birthday to share the news. I was on spring break in NYC with my family. I could see The Chrysler Building from my room. There were tears and a little bit of wonder and disbelief from both of us. We reflected on the H-1B filing, the audit, the PERM bottleneck, the interfiling drama, and the long years. We joked about how we grew old together and how our kids’ were so much older from when we started this journey. Both of us admitted we were a little scared about potential case delays due to Trump administration policies, but we both kept the faith.

Raj said he could finally breathe and do more things now to support his family and community now that he’s a green card holder. I will always remember this call and this day – I celebrated with my team and with my client and my own family – it was a big deal! It really brought home the impact our work can have on our clients and the patience and fortitude it takes to get there.
This is bit of a coming full circle moment for me – my husband, John, whom I started the law firm with, got engaged at Bryant Park, the park behind our beloved New York Public Library with the famous lions, Patience and Fortitude, guiding the entrance.

Final Takeaways and Tips

Get professional help early – strategy matters at every step
Track the visa bulletin closely and act fast when it moves
Consider long-term implications – interfiling vs. refiling is not just paperwork, it’s strategic!
Practice patience – the process is slow, unpredictable, and emotionally taxing, but staying steady can make all the difference

Are You On a Long Immigration Journey?

If you’re on your own path through the U.S. immigration system especially as an Indian national navigating the H-1B to green card process we understand the highs and heartbreaks.
Schedule a consultation with Gardner & Mendoza and let’s build your strategy for success together.