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Dear Sophie: Can I still get a green card given COVID-19, layoffs and recent H-1B changes?

"I was recently laid off but found another position at a growing biotech company. How long do I have to apply for a green card?"
Sophie Alcorn Contributor Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects people with the businesses and opportunities that expand their lives. More posts by this contributor

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one or two-year subscription for 50% off.


Dear Sophie:

I was recently laid off but found another position at a growing biotech company. My new employer just submitted the H-1B petition before the end of my grace period. I would like to stay permanently in the United States. How long do I have to apply for a green card?

If my employer isn’t willing to sponsor me, I heard I can self-petition for an EB-1A or EB-2 NIW green card?

—Hopeful in Hayward

Dear Hopeful:

Congrats on your new job offer and H-1B transfer. Many companies are hiring talented individuals right now. Every company has the right to their own immigration sponsorship policy, so it can be worthwhile to discuss this going into your new role to make sure that everybody’s on the same page as to how things can unfold with respect to your green card.

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