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Comment by joshheitzman

8 hours ago

The green card process is not transferable. Once its started the applicant is stuck. I personally saw the company slow roll the process for one of my directs. I kept hassling them to move it along but to no avail. I saw this happen to colleagues at numerous companies.

Yup. I had a star developer on my team that we had been planning to sponsor but the company was being sold and our future was unclear. I had to advise her to go find a new job, because if she started the process with us and got laid off, even finding a new job willing to sponsor, she'd have to start over. She would run out of time on her existing visa and lose her legal status altogether.

It is transferable under AC21. But that’s not the point. You are not stuck with an employer on H1B.

  • Never heard of that. Apparently a lot of other people haven't either or consider it too risky as the government has to approve the transfer (as I found when searching for this now).

    • AC21 is the law that allows H1B to be renewed indefinitely with an approved I140.

      It’s the reason Indians are allowed to stay in the U.S. whilst their Green Card is being processed. A bandaid on a completely broken system that caps Green Card allocation by country of birth.

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