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H-1B VISA HOLDERS: GET YOUR GREEN CARDS NOW!
by Michael J. Gurfinkel, Esq.
There are many people in the United States who are
working under an H-1B visa (temporary non-immigrant visa for college
graduates). With an H-1B visa, they are legally authorized to
work for the employer who petitioned them. But, deep in their
heart, their "dream" is to obtain a green card. However,
for one reason or another, they continue working under an H-1B
visa, and do absolutely nothing in order to achieve their ultimate
goal of obtaining a green card. People offer a variety of reasons
or excuses for their delays and inaction in taking this crucial
step towards getting a green card:
1. "I don't want to bother my boss, by asking
him to petition me."
2. "I'm too busy with work to worry about being
petitioned for a green card."
3. "I have other expenses and bills to pay,
so I don't have the money to afford going through the labor certification
process."
4. "I have an H-1B visa, and can legally work.
So, what's the hurry?"
No matter what reason or excuse you may offer to
yourself, in my opinion, if you want to obtain a green card, there
is no excuse for your inaction. Here are some of
the reasons you should immediately take steps to obtain a green
card, and some of the risks, dangers, and nightmares you could
face by your continued inaction:
1. If your employer goes out of business, your
H-1B visa would no longer be valid, and you could wind up being
"out of status".
2. If your employer sells the business, the new
owner may not be willing to petition you for a green card later
on.
3. An H-1B visa is valid only for up to a maximum
of 6 years. Once you have used up those 6 years, the H-1B
visa cannot be extended, and you would be required to leave the
U.S. for at least one year. Thus, your H-1B visa is not a permanent
solution to your immigration needs.
4. A green card is permanent!
No matter how proud you may be of being in valid, legal working
status with your H-1B visa, it is still only a temporary
working visa.
5. Your children may soon be turning
21 years of age. Your children may now be with you, with
H-4 visas. However, once your children turn 21 years of age, they
would no longer be entitled to an H-4 visa, and they would
be out of status. More importantly, unless you get a green
card before your children turn 21 years of age, they would
not be eligible for a green card through your employer-sponsored
green card application.
6. Your employer has already sponsored
you for a working visa. When your employer originally
petitioned you for your H-1B visa, he or she had signed the forms,
is familiar with employer-sponsored visas, and with dealing with
the INS. By now, your employer is very happy with you and with
your work, and would undoubtedly be willing to now sponsor you
for a green card through employer sponsorship.
There are many more reasons for you to take the
final additional step to get your green card. You know that you
are a hard worker. At work, you stay with the task until it is
fully completed. Why then are you leaving your immigration status
only half completed? The H-1B visa is not the permanent
solution to your long-range immigration goals. Get the job done!
Get a green card for yourself and for your family through an employer-sponsored
visa, called Labor Certification.
You should see a reputable attorney who can advise
you about the requirements, steps, and procedures for Labor Certification.
However, I can tell you that if you have already qualified for
an H-1B visa, chances are excellent that you also qualify for
a green card through Labor Certification.
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