Immigration law is complicated. These lawyers simplify it.
Relax. You can chat online directly with experienced visa lawyers day or night, without an appointment!
I searched this question because I am drafting one. I talked with my manager first and she said they will sponsor me after I send them an official email request. Now I am writing it.
So see? I don’t see why all those answers are all telling you it’s impossible for company to sponsor you the card. I am a staff auditor starting this first job half a year ago. My company is very small but sponsored my H1b.
I agree with some of them that you need to have the conversation first. Sending the email alone won’t help. After that they may want you send a official request. Then you just need to say something like you enjoy the job and want to continue with the company in long term, thanks the company for sponsorship. Since they already agree, you won’t need to worry a lot about the words and grammars.
It calls for an in-person conversation rather than an email exchange.
Given that you’re asking others about it, you do not appear to have a good rapport with your manager in terms of approachability, so an email would not be sufficient for you to influence the outcome.
Green card processing is initiated and decided upon by the company, and given that you have not provided any details about your position and your longevity with the company or even scope of your duties, and given that you don’t know whether you are being considered for a green card processing, no one but your manager can give you the answer.
Is taking out a home equity line of credit (HELOC) a smart way to pay off debt?
A home equity line of credit (HELOC) gives you access to cash through a portion of the equity you’ve built in your home. The amount of credit is determined by a combination of your home’s value and your remaining mortgage balance. There can be several advantages to HELOCs, including low-i
Not sure why others are saying there is none or a remote chance of getting a green card from an H1B. I and most of my friends and acquaintances have got their green cards this way, i.e., they came on H1B visa and were subsequently sponsored by their employer for a green card.
However, I agree with others that the best way to have this conversation is in person, not via email. If your work and long term employment is valued by the company, the discussion will become easier. If you do not see long term job prospects with the company, then the company is not going to do it.
Explain to your manager that instead of applying for H1B extensions, the company should instead spend that money on applying for a green card. Explain to him/her that you and your family are worried about temporary nature of the work visa, and since you want a long term future with the company, it will be useful for both you and the company to apply for your green card.
If my 5y experience of working in the US as a post-doctoral is any guide I think you may be wasting your time and effort. It might be simply my university experience but the impression I got was that the Americans were happy to employ foreigners on a contract and a visa but uninterested in taking you on permanently. They might pretend otherwise but that was the conclusion I drew. I was a post-doc many years ago; perhaps attitudes have changed but do not be surprised if things have not.
I never even tried to get a Green Card because I never had an employer or potential employer willing to try and help me get one. In the end, I lost interest in living permanently in the US anyway: its quality of life is poor. Only top rank universities have immigration lawyers on staff to get Green Cards as a part of normal university function. The others will not and cannot help you get a Green Card (They usually will not tell you that. You have to ask if they have immigration lawyers on staff). In Canada you have to get through immigration before you can ever even apply for a university job. I tried but I got rejected when I was a 36y old Science PhD.
Of course private companies might behave differently but you might be disappointed. Try the Green Card lottery.
I hate to be the one to tell you this, but companies applying for Green Cards for H1B employees almost never happens. This is a huge hassle for the company to do it and their application can be rejected. They have to attempt to find an American to fill your position and it is the government that decides if a given American who sent his or her resume to fill your position is qualified or not.
If your company hires many H1B employees, your chances for a Green Card are zero unless you are truly needed. The H1B mills try to fly under the radar with the US Department of Labor, they will want to avoid the situation where they apply for multiple Green Cards to have them all rejected. It will be clear then that they avoid hiring US residents to depress wages and that is very illegal. Otherwse come 6 years they will replace you with another underpaid indentured servant. Even if you are a valuable member of the team their incentive to apply is nonexistent, because as a Lawful Permanent Resident you can eventually leave and find a different job (if you leave righ away other than the company going out of business it is immigration fraud – you can go to jail for that if your former boss is d-k enough to report you to Immigration and Customs Enforcement).
Talk to your boss to get a sense if you have any chance at all. Otherwise – you CAN attempt to transfer your H1B to a different company. Try to find a job in a company where they will consider you an actual human being. Even very small companies can apply for H1B and the Green Card. Anyone can hire an imigration attrney.
Before you shop at Amazon Prime, read this.
The dead giveaway that tells you when Amazon’s giving you a better price than other retailers.
Make sure that your final product is professional without any grammatical or spelling errors. Remember the the people who have to read all these letters appreciate an open honest short and to the point presentation. Be assertive and convey what you feel and don’t worry about trying to say what you think they want to hear. Good Luck.
I do not think any email will convince your manager to file GC. Your company only going to apply your GC if they think you have long term value for them in United States not just for temporary assignment . You should talk to manager and try to get sense where do you fit in his long term plan like upcoming projects or assignments etc. If you fit in company long term plan then request them to apply for your GC
There is no possibility to get a green card through an H1b anymore unlike what a previous answer has said, at least, not for Indians citizens. Three things are at play for the current moment:
- with the new administration, they are cracking down on immigration as there are unnecessary people trying to file for green cards when there are indeed Americans who can do the job. The scrutiny is there and managers can’t lie or hide it anymore. If caught, there’s an immigration fraud charge.
- Let’s say that your manager does decide to sponsor you. Well, the bad news for Indians is that there is a current wait time of 25–28 years. Your country men have really impacted and stuffed the pipe.
- If you don’t really have any specialized skill that is exceptional demand, and a short supply of, you’re going to have a hard time building a case. It will be rejected by an immigration officer.
Don’t let these other answers fool you. They got their green cards during another era when things were a little laxed. And that was the problem. The American people filed a complaint and the new administration has taken a strong stance against new applications with even more scrutiny. I say this with confidence as I am a lawyer and looked at several cases. But points 1 and 2 should easily convince you that it’s not going to happen. Best of luck!
Update: just checked your LinkedIn profile and found that you’re not even a software engineer, but a simple QA guy. Definitely not a highly specialized field, and definitely not green card worthy. This case will be rejected by an examining immigration officer. And besides, there’s a dime a dozen QA people your manager could hire. They don’t need to waste their money sponsoring you, when there’s someone out there who could easily do your job.
Just get a direct answer from your Manager. Let them know that you have worked for so many years on H1B and would like to get a clear answer as to when and if your employer is willing to file for your PERM or LPR. You would like to make your arragements accordingly. Simple and direct is good.
I have had the opportunity to represent both companies and individuals on employment-based visas and green card matters. Based on my experience, the best time to raise the green card sponsorship question is during the initial hiring process. This works best when a company is trying to hire you away from a competitor on an H-1B visa (i.e. H1B transfer/change of employer). At that time, I have seen many candidates successfully advocate for the green card process and ask that the company give them (written or verbal) assurances or at the very least, an approximate timeline of when they will commence green card sponsorship. This is sometimes even crafted into the offer letter. Depending on the country of origin and how much time they have left on H-1B, a period of up to 1 year after start date can be reasonable.
For cap-subject/brand new H-1B hires, I recommend working 1 year on the job before making the ask. A good time would be right after a positive performance review. If you are an Indian national, you should start the conversation sooner and explain the visa bulletin to your employer. Many companies are interested in sponsoring H1B employees for green cards, but they may be unfamiliar with the hellish visa bulletin. Also, they too, may want some assurances and a commitment from you, since it is a long and expensive process and the burden is on the employer to pay for the legal and filing fees. Sometimes, I also find that smaller companies are more flexible and have more leeway with respect to showing an interest in green card sponsorship.
Overall, maintaining an open line communication is key! Many HR managers are not familiar with the process or are not aware of how anxiety inducing it can be for the foreign national. Effective communication can help them have empathy for your situation and be more willing to work with you as a valued team member.
A company could be reluctant to sponsor you if they are not convinced you will remain working for them as they have to foot the bill for all the applications and processing fees. This is the reason why you will find any green card you are issued with be conditional upon you working for the sponsoring company for the first 2 years of its being issued. Once the two years are almost up you can then apply to have those conditions removed which means you’d would have to prove you are still working for that company, at the time of the application to remove those conditions.