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When to Start Your Green Card

Find the critical PERM filing and I-140 approval deadlines before your H-1B 6-year limit ends. The tool applies federal AC21 §106(a) and §104(c) rules, factors in your country of birth and EB category backlog, and shows you whether you're safe, tight, urgent, or overdue.

This is a planning aid, not legal advice. AC21 §106(a) and §104(c) rules have edge cases (recaptured time, L-1 transfers, employer changes). Always confirm your specific situation with a licensed US immigration attorney before making filing decisions. Missing an AC21 deadline can have irreversible consequences.

How This Tool Works

Enter your H-1B start date, country of birth, EB category, and where you are in the green card process. The tool calculates your 6-year max-out date, works backwards through the AC21 §106(a) 365-day deadline, then accounts for ~18 months of PERM processing time to tell you when you should realistically start PERM recruitment. It also shows your I-140 approval target, which is when §104(c) 3-year extensions unlock.

What the Data Covers

AC21 §106(a) and §104(c) rules are federal law from the American Competitiveness in the Twenty-First Century Act (AC21). PERM processing times are sourced from DOL OFLC published data (~18 months as of 2026). Priority date backlog classifications come from the current DOS Visa Bulletin for EB-2 and EB-3 across India, China, Philippines, Mexico, and All Others.

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Tips for Using This Tool

1The §106(a) deadline is filing-date-based, not approval-date-based. Filing PERM 366 days before your 6-year end counts, even if PERM takes another 18 months to actually clear.
2Premium processing for I-140 (~15 days, ~$2,805) is the single most important time-saving move once your PERM is approved. Use it if you’re close to your 6-year limit.
3Tell your employer’s immigration counsel about your H-1B start date early. Many companies start PERM in year 4 by default, which is often cutting it close.
4If you’re in EB-2 or EB-3 India, your realistic goal is NOT a green card approval before 6 years — it’s getting your I-140 approved in time to land on §104(c) 3-year extensions. Plan accordingly.
5Track your days outside the US so you can recapture them. A few weeks of international travel a year adds up to real extra time over 6 years.

Frequently Asked Questions

H-1B is a 6-year nonimmigrant visa with strict end date. If you want to stay in the US after year 6, you must qualify for AC21 extensions. The critical rule is §106(a): you need to have filed a PERM labor certification or an I-140 immigrant petition at least 365 days before your 6-year limit ends. Miss that 365-day window and you lose the 1-year extension option.

Data Source & Methodology

Federal AC21 rules are deterministic. PERM processing times are conservative estimates based on DOL OFLC published times for 2026 (18 months from filing to approval for cases without audit). I-140 processing times assume regular processing (6 months); premium processing can shrink this to ~15 days. Recommended PERM start date is calculated by subtracting the PERM processing duration from the §106(a) deadline, giving a safety buffer for cases that go to audit.

⚠️

AC21 rules have edge cases: recaptured time, L-1 to H-1B transfers, changes of employer mid-process, and cap-exempt work at universities or nonprofits can all shift your deadlines. Always confirm your specific situation with a licensed US immigration attorney before making filing decisions. Missing an AC21 deadline can have irreversible consequences.