4 ms·

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 citiz

by Kalium 4y ago

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.

AdvancedCarrot 4y ago
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).
- returningfory2 4y ago
  I think this sounds theoretically reasonable, but in reality it's not like this: - The cost of sponsoring someone for a green card ($50k?) is low compared to engineering salaries. - Many companies like Google have great retention and the probability that an employee leaves after getting green card is low. - Companies that are worried about retention often have employees sign a reimbursement agreement when starting the GC process. Something like, if you leave within 2 years of getting the GC you pay a prorated portion of the legal fees. - In a tight labor market, GC sponsorship is another benefit like compensation, and companies offer it to hire good people. Over the last few years companies like Amazon have changed their GC policy to sponsor folks from day 1 of employment in order to hire people for whom a GC is that important.
- sys_64738 4y ago
  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.
david-gpu 4y ago
> Green Card holders then become eligible for citizenship after another specified number of years In theory, yes. But there's a massive backlog, depending on your country of origin. I know somebody who graduated in the US and after 10+ years they gave up trying to obtain a green card in the US and instead applied for permanent residence in Canada -- within a year they had moved with their family. This is far from unique.
- Sophie_Alcorn 4y ago
  The system is super broken. If you're from India or China and on H-1B and just starting out, do whatever your employer is willing to sponsor you for to get a green card, but your fastest path is probably to figure out how to qualify through only legal employment activities to get an O-1A and then an EB-1A.
snotrockets 4y ago
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 may not do.
- Sophie_Alcorn 4y ago
  Also the EB-2 NIW, see my other comment in this thread!

by Kalium 4y ago

AdvancedCarrot 4y ago

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).

returningfory2 4y ago
I think this sounds theoretically reasonable, but in reality it's not like this: - The cost of sponsoring someone for a green card ($50k?) is low compared to engineering salaries. - Many companies like Google have great retention and the probability that an employee leaves after getting green card is low. - Companies that are worried about retention often have employees sign a reimbursement agreement when starting the GC process. Something like, if you leave within 2 years of getting the GC you pay a prorated portion of the legal fees. - In a tight labor market, GC sponsorship is another benefit like compensation, and companies offer it to hire good people. Over the last few years companies like Amazon have changed their GC policy to sponsor folks from day 1 of employment in order to hire people for whom a GC is that important.
sys_64738 4y ago
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.

david-gpu 4y ago

> Green Card holders then become eligible for citizenship after another specified number of years In theory, yes. But there's a massive backlog, depending on your country of origin. I know somebody who graduated in the US and after 10+ years they gave up trying to obtain a green card in the US and instead applied for permanent residence in Canada -- within a year they had moved with their family. This is far from unique.

Sophie_Alcorn 4y ago
The system is super broken. If you're from India or China and on H-1B and just starting out, do whatever your employer is willing to sponsor you for to get a green card, but your fastest path is probably to figure out how to qualify through only legal employment activities to get an O-1A and then an EB-1A.

snotrockets 4y ago

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 may not do.

Sophie_Alcorn 4y ago
Also the EB-2 NIW, see my other comment in this thread!