Dr. William:

I happened to find this email address while I was looking for info. about green card. I currently have H-1b visa status that is valid by February  2005 by extension.  I asked my company who sponsored my H1-b to sponsor my green card but they denied. So I have to find another company which is willing to sponsor my green card. As far as I know about the time period for green card process, it takes about 3 years. so I have to change my company right now if I concerning the time period. The thing is my company is very famous company among Architecture area and I would like to stay about one more year,  Job market is also not good enough to move to another one.

Recently, one of my friend said I can legally stay even though my H1-B expires if USCIS filed my green card application before the expiration day.  Is it really true?  Please answer my question.  It would be very helpful for me to schedule my green card process.  Thank you so much.

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Answer:

Yes, you can legally stay and work in US after 6 years of H-1B time limit, only if your immigration petition (I-140) has been approved by USCIS and you have filed the status adjustment petition (I-485) with USCIS after 6 month (you use the work permit to work legally in US, not H-1B visa at that time). It means that you must get your Green card application (I-140) approval from USCIS first.

In your case, if you want your employer to sponsor your green card application, your need to change your job to find an employer who will do it for you. Or, you can apply the green card by yourself, without your employer sponsorship, as described in our web site for EB1-EA or NIW, if you are qualify for these categories.