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

alcorn.law

71–78 of 78 posts

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

#71
post #12

Who has a H-1B and a green card? The title is not very good. Rest of the article seems on point though.

I think the phrasing is just to get the key phrase "green card" in there. The actual question doesn't mention it, but in the answer she gets into the green card process.

I tried to cover it all but sometimes TechCrunch edits the headline. Thanks for reading!

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

#72

Earlier quoted context omitted.

I forgot about EB2 NIW (which again, I understand isn't open to all, due to the NIW requirement). But unlike what the top level commenter wrote, the option for an H1B holder to become a permanent resident by their own action, rather then by their employer benevolence, is limited to very few (the green card lottery and the above mentioned narrow self-petition categories), and isn't a thing you can just do after a cert…

That's true! But I've helped a LOT of people go from unqualified to qualified for Eb-1A or EB-2 NIW. Here is my class that teaches people how: https://alcorn-immigration-law.teachable.com/p/extraordinary...

This is not immigration policy, but a private service. Which, even if had a 100% success rate, would still count for very few out of the 140,000 yearly green cards.

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

#73

Earlier quoted context omitted.

That's true! But I've helped a LOT of people go from unqualified to qualified for Eb-1A or EB-2 NIW. Here is my class that teaches people how: https://alcorn-immigration-law.teachable.com/p/extraordinary...

This is not immigration policy, but a private service. Which, even if had a 100% success rate, would still count for very few out of the 140,000 yearly green cards.

Yes, we need systemic legal change. But at least in the short term there are at least some options for those who need them.

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

#74
post #5

Earlier quoted context omitted.

I believe H-1B is a dual-intent visa, allowing application for a Green Card after a specified number of years. Green Card holders then become eligible for citizenship after another specified number of years. So if my understanding is correct, the US government agrees with you.

Yes but your employer needs to sponsor you for a green card, and they don't really have any incentive to do so (since once you have the green card you don't have to work for them anymore).

Yes, you do need to work for them because if you become a PR through employment then jump then it was always viewed as fraud. The generally recommended strategy was to stay with the employer for one year after the PR status is granted.

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

#75

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…

> What is the exact reason for such a big backlog ? The two political parties can't agree on reforms for legal immigration. The current rules were written for a generation when the quantity and nature of immigration was very different.

Well when one basically wants 0 immigration (except maybe multimillionaires and friends) and the other wants nearly unlimited asylum seeker openings I don't see the trainwreck ending anytime soon. On the whole though the US has a middle of the road amount of immigrants becoming citizens.

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

#76

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…

My theory is that US favors Christian countries and population for permanent residency. The numbers support it.. but of course nothing else does, so there..

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

#77

Earlier quoted context omitted.

I'd go even further. If a country benefits from someone's work and taxes, it should give them a say in how these taxes are spent (i.e. let them vote) after a quite short term, for example one year.

I don't think so. The right to vote and control how money is spent is the right of a citizen. However I think the current immigration system is awful and should be completely redone and improved and the waitlists drastically reduced with citizenship being a lot more streamlined for active, productive members participating in our economy.

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

#78

Earlier quoted context omitted.

I'd go even further. If a country benefits from someone's work and taxes, it should give them a say in how these taxes are spent (i.e. let them vote) after a quite short term, for example one year.

Do you think assimilation matters? Do you think to a meaningful degree cultural norms dictate societal level outcomes?

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