Question:
I have couple of questions regarding H1B visa and green card. I work in USA
with an IT company. I have H1B visa. My question is: After how many years
I would be eligible to get green card and what is the procedure to get green
card?
Answer:
H1B visas and green cards are totally independent of each other. You
don't have to have an H1B to apply for a GC. You need to be able to
convince your employer to sponsor your for a GC. They file for a Labour
Certification which says "We can't find an American to do the kind of
work we need an alien to do" (which is getting hard in the IT field to
justify at the moment). Then they petition for you as an immigrant
worker, then you apply to adjust your status from H1B worker to GC.
Most companies take the assistance of an immigration lawyer to ensure
all the i's are dotted and t's crossed.
If you came here on a H1B you shouldn't be considering remaining
permanently. The H1 is a temporary program, it is a contract between your
employer and the american government that you are filling a temporary role
and will return to your country when the work is completed. While you can
pursue a green card while on H1B it is morally reprehensible and wrong to do
so. By coming to the US on that H1B you agreed to be a temporary worker.
you are not the one to tell if it's morally right or wrong!
One did want to be temporary worker when s/he applied for H1B, but
it's normal to think about getting GC after a while s/he has been on
H1B, thats why the law allows that. people's thoughts can change any
time, it's this uncertainty that leads to creations and inventions.
Let me get this straight with an example. sy888 is working as a
consultant for Company A and sy888 is on a project with Company B.
Company B wants sy888 to come on board as a full-time employee with more
salary+opportunities+benefits than Company A, but sy888 won't because it
is morally reprehensible and wrong to do.
As an American Citizen (many of whom are now out of work or have lost
jobs to cheaper H-1B's) he has every right to determine whether it's
morally right or wrong.
but american gevornment doesn't think the way you do, therefore either
you are wrong or your democratic system does not work
