Congratulations — this is a huge milestone. Let me walk you through the process.
Option 1: Adjustment of Status (I-485) — Filed in the US: Since you're in the US on valid H-1B status, you can file I-485 to adjust your status to permanent resident. This is the most common choice for people in your situation. You'll file:
- I-485 (Application to Register Permanent Residence) — this is the main form
- I-765 (Application for Employment Authorization) — this gets you an EAD card so your work authorization isn't tied solely to your H-1B
- I-131 (Application for Travel Document) — this gets you Advance Parole so you can travel internationally without abandoning your I-485
These can all be filed concurrently. The filing fee for I-485 includes I-765 and I-131 (they eliminated separate fees for concurrent filing).
Option 2: Consular Processing: If your spouse is outside the US and you want to process together, or if there are other reasons to process at a consulate, you can choose consular processing. But for someone in the US on H-1B, adjustment of status is usually preferable.
Documents to Prepare: Birth certificate, passport copies, civil surgeon medical exam (I-693 — schedule this now, it takes a few weeks), passport photos, tax returns for the last 3 years, employment verification letter, and all previous immigration documents (approval notices, I-94s, etc.).
Critical Timing: Your priority date must remain current both when you file AND when USCIS adjudicates your case. If the visa bulletin retrogresses in a future month, your case could be held in limbo until your date becomes current again. File as soon as possible.