How long before my H1B visa ends should I apply for EB-2 green card category?

UPDATED: Dec 17, 2013

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How long before my H1B visa ends should I apply for EB-2 green card category?

Can I apply in the 5th or the 6th year of my H1B?

Asked on December 17, 2013 under Immigration Law, Massachusetts


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You cannot apply for a green card. If your employer wishes to continue your employment beyond the second 3-year period for a green card, the employer can sponsor your petition for a green card. However, so many H1-b holders have left the sponsoring employer the minute they get the green card, leaving the employer on the hook for the sponsorship support obligations, that very, very few employers will now sponsor any temporary employee-visa holder for any green card. Don't count on your employer ever sponsoring you for a green card. It is extremely unlikely.

Your permission to work in the US is temporary, and can be terminated at any time, even if the maximum allotment for the employment visa has not been used up. Your employment visa is automatically revoked as of the last day worked, and you are required to leave the US immediately in such a situtation. There is no grace period if employment is terminated or if an employment visa expires. Given the high rate of unemployment in the US (now over 23%), and mass layoffs at so many companies, make sure you always have sufficient funds for your transportation back to your country as you could well lose your job in this economic climate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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