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

Re:Dear Sophie: How can I protect my H-1B and green card if ... by Sophie_Alcorn on Tuesday October 18, 2022 @02:54PM (#33252180)

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.

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Re:Dear Sophie: How can I protect my H-1B and green card if ... by snotrockets on Tuesday October 18, 2022 @03:26PM (#33252596)

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 certain length of stay in the US.

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Re:Dear Sophie: How can I protect my H-1B and green card if ... by Sophie_Alcorn on Tuesday October 18, 2022 @03:43PM (#33252822)

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...

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Re:Dear Sophie: How can I protect my H-1B and green card if ... by snotrockets on Tuesday October 18, 2022 @03:58PM (#33252997)

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.

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Re:Dear Sophie: How can I protect my H-1B and green card if ... by Sophie_Alcorn on Tuesday October 18, 2022 @04:19PM (#33253298)

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

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