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How can I protect my H-1B and green card if I am laid off?

alcorn.law

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Re: How can I protect my H-1B and green card if I am laid off?

#41

Post by vaidhy »

trustingtrust wrote: post #16

What is the exact reason for such a big backlog ? My theory is that the backlog is mostly a double edged sword. If the backlog turned to zero today, the Universities would flood with applications from around the world and the number of I140s would increase exponentially in the next 10 years. The backlog hence keeps expectations in check. I know plenty of friends on I140s who may not get a green card for the next deca…

The exact reason is that US only allows for limited number of green cards(GC) in a year and each country has a limited quota (no more than 7% can go to any country, IIRC). India and China have a huge backlog of people that with the current number of GCs and the backlog, you are looking at multi-decade wait. There are some nuances here as there are three tiers in the employment based immigrant visa - EB1, 2 and 3. EB1 typically happens pretty fast, but you have to meet the criteria. 2 and 3 are backlogged to hell.

On a more personal note, I feel this is part of the west trying maintain cultural and racial superiority.. but that is just my opinion.

Re: How can I protect my H-1B and green card if I am laid off?

#42

Post by [deleted] »

programmertote wrote: post #25
throwaway44111 wrote: post #9

Earlier quoted context omitted.

H1-B is dual intent. After six years in the US as an H1B worker, you can become eligible to apply for a US Green Card, which will allow you to remain in the USA indefinitely. However due to the backlogs in priority dates for some categories, you could potentially be in H-1B status for 10-20 years while waiting for your priority date to become current. But you can keep renewing using AC21 provisions in the meantime.

One doesn't need to wait 6 years with H1B to apply for green card. S/he needs to get his/her employer to agree on sponsoring the green card and the process can start whenever. My employer agreed to apply for green card in the second year of my H1B. I fortunately am not from one of those countries (China and India) with long wait for green card, so I got mine in a little less than 4 years (in fact, my case took a bit…

[deleted]

Re: How can I protect my H-1B and green card if I am laid off?

#43

Post by Sophie_Alcorn »

causi wrote: post #2

This can pose a big problem for people who have made their homes in the U.S. for decades, diligently working, paying taxes, buying houses, and raising their children. It's perverse there is any visa that lets someone stay in the country for decades without offering them a path to permanent residency and citizenship.

Yes, I totally agree. We need systemic change. I helped write the startup visa for Congress and although the house passed it, the Senate wouldn't. They're gridlocked and we need other creative legal solutions.

Re: How can I protect my H-1B and green card if I am laid off?

#44

Post by Sophie_Alcorn »

throwaway44111 wrote: post #9
causi wrote: post #2

This can pose a big problem for people who have made their homes in the U.S. for decades, diligently working, paying taxes, buying houses, and raising their children. It's perverse there is any visa that lets someone stay in the country for decades without offering them a path to permanent residency and citizenship.

H1-B is dual intent. After six years in the US as an H1B worker, you can become eligible to apply for a US Green Card, which will allow you to remain in the USA indefinitely. However due to the backlogs in priority dates for some categories, you could potentially be in H-1B status for 10-20 years while waiting for your priority date to become current. But you can keep renewing using AC21 provisions in the meantime.

Yes, the H-1B is dual intent. Actually people can start the green card process sooner than 6 years. Yes, the H-1B is usually valid up to 6 years but there can be AC21 extensions if you reach certain milestones in the green card process. The wait times for people who have to go in the category of people born in India or China could potentially be many decades.

Re: How can I protect my H-1B and green card if I am laid off?

#45

Post by olliej »

snotrockets wrote: post #35
throwaway44111 wrote: post #9

Earlier quoted context omitted.

H1-B is dual intent. After six years in the US as an H1B worker, you can become eligible to apply for a US Green Card, which will allow you to remain in the USA indefinitely. However due to the backlogs in priority dates for some categories, you could potentially be in H-1B status for 10-20 years while waiting for your priority date to become current. But you can keep renewing using AC21 provisions in the meantime.

This is not true. An H1B employee can not apply to become a permanent resident ("green card") based on their H1B employment itself. As far as I know, the only way to self petition for an extraordinary ability (EB1) based immigration, but that probably applies only to a small percentage of H1B workers. The rest are bound to their employer applying to grant the employees immigration benefits, which the employer may or…

What? They absolutely can, and it can be employee supported - I know this because I actually started this. While in the insanely long backlog you can get your h1b extended beyond the six year limit as well.

I had got married by and had a green card through that before the backlog and what not would have got through on the h1b path, but if I hadn’t met my person I would have still ended up a permanent resident.

Re: How can I protect my H-1B and green card if I am laid off?

#46

Post by [deleted] »

trustingtrust wrote: post #16

What is the exact reason for such a big backlog ? My theory is that the backlog is mostly a double edged sword. If the backlog turned to zero today, the Universities would flood with applications from around the world and the number of I140s would increase exponentially in the next 10 years. The backlog hence keeps expectations in check. I know plenty of friends on I140s who may not get a green card for the next deca…

[deleted]

Re: How can I protect my H-1B and green card if I am laid off?

#47

Post by Sophie_Alcorn »

snotrockets wrote: post #35
throwaway44111 wrote: post #9

Earlier quoted context omitted.

H1-B is dual intent. After six years in the US as an H1B worker, you can become eligible to apply for a US Green Card, which will allow you to remain in the USA indefinitely. However due to the backlogs in priority dates for some categories, you could potentially be in H-1B status for 10-20 years while waiting for your priority date to become current. But you can keep renewing using AC21 provisions in the meantime.

This is not true. An H1B employee can not apply to become a permanent resident ("green card") based on their H1B employment itself. As far as I know, the only way to self petition for an extraordinary ability (EB1) based immigration, but that probably applies only to a small percentage of H1B workers. The rest are bound to their employer applying to grant the employees immigration benefits, which the employer may or…

H-1B holders can seek green cards through a variety of ways: green card lottery (for certain countries), family sponsorship (such as marriage green cards), and employment sponsorship (the EB-1, EB-2, EB-3, EB-4, and EB-5 categories.)

Within the EB's, most companies will sponsor H-1B holders for green cards in the EB-2 or EB-3 categories in a 3-step process: PERM, I-140, I-485.

If an H-1B holder wants to get a green card based on work/accomplishments as a self-petitioner, the two main pathways are:

Eb-1A for extraordinary ability, helpful for people subject to long India/China backlogs

Eb-2 NIW, easier than O-1A, takes 2-3 years if you're not subject to India/China backlogs.

Re: How can I protect my H-1B and green card if I am laid off?

#48

Post by Sophie_Alcorn »

olliej wrote: post #45
snotrockets wrote: post #35

Earlier quoted context omitted.

This is not true. An H1B employee can not apply to become a permanent resident ("green card") based on their H1B employment itself. As far as I know, the only way to self petition for an extraordinary ability (EB1) based immigration, but that probably applies only to a small percentage of H1B workers. The rest are bound to their employer applying to grant the employees immigration benefits, which the employer may or…

What? They absolutely can, and it can be employee supported - I know this because I actually started this. While in the insanely long backlog you can get your h1b extended beyond the six year limit as well. I had got married by and had a green card through that before the backlog and what not would have got through on the h1b path, but if I hadn’t met my person I would have still ended up a permanent resident.

Yes this is correct.

Re: How can I protect my H-1B and green card if I am laid off?

#49

Post by Sophie_Alcorn »

programmertote wrote: post #25
throwaway44111 wrote: post #9

Earlier quoted context omitted.

H1-B is dual intent. After six years in the US as an H1B worker, you can become eligible to apply for a US Green Card, which will allow you to remain in the USA indefinitely. However due to the backlogs in priority dates for some categories, you could potentially be in H-1B status for 10-20 years while waiting for your priority date to become current. But you can keep renewing using AC21 provisions in the meantime.

One doesn't need to wait 6 years with H1B to apply for green card. S/he needs to get his/her employer to agree on sponsoring the green card and the process can start whenever. My employer agreed to apply for green card in the second year of my H1B. I fortunately am not from one of those countries (China and India) with long wait for green card, so I got mine in a little less than 4 years (in fact, my case took a bit…

Yes, this is correct. Some employers are even willing to start the green card process before the H-1B is even selected in the lottery. But whether that's a good idea depends on the specifics of each employee's travel plans and current immigration status.

Re: How can I protect my H-1B and green card if I am laid off?

#50

Post by Sophie_Alcorn »

hayst4ck wrote: post #28
throwaway44111 wrote: post #9

Earlier quoted context omitted.

H1-B is dual intent. After six years in the US as an H1B worker, you can become eligible to apply for a US Green Card, which will allow you to remain in the USA indefinitely. However due to the backlogs in priority dates for some categories, you could potentially be in H-1B status for 10-20 years while waiting for your priority date to become current. But you can keep renewing using AC21 provisions in the meantime.

My (potentially wrong) understanding is that backlogs are often determined by country in order to prevent any particular foreign ethnic group (like China or India) from becoming residents in such quantities that assimilation to American culture is unlikely. Pragmatically you can already see the effects of anti foreign ethnicity backlash in national politics, so it does seem like something that needs some level of man…

The backlogs do exist, they're based on the Immigration and Nationality Act of 1965, and they are for green cards specifically. In the employment-based immigrant visa categories, they specifically apply to people from India and China.
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