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Sophie Alcorn
Contributor
Sophie Alcorn is the founding father of Alcorn Immigration Legislation in Silicon Valley and 2019 World Legislation Consultants Awards’ “Legislation Agency of the 12 months in California for Entrepreneur Immigration Companies.” She connects individuals with the companies and alternatives that develop their lives.
Extra posts by this contributor
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Pricey Sophie: What are the coed and work visa processes for grads?
Right here’s one other version of “Pricey Sophie,” the recommendation column that solutions immigration-related questions on working at know-how corporations.
“Your questions are very important to the unfold of information that enables individuals all around the world to rise above borders and pursue their desires,” says Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether or not you’re in individuals ops, a founder or looking for a job in Silicon Valley, I might like to reply your questions in my subsequent column.”
TechCrunch+ members obtain entry to weekly “Pricey Sophie” columns; use promo code ALCORN to buy a one- or two-year subscription for 50% off.
Pricey Sophie,
I’m a software program engineer at present on an H-1B. My employer sponsored me for an EB-2 inexperienced card, and my utility has been authorised, however I’m nonetheless ready for a choice on my utility to register for everlasting residence.
I wish to go away my employer and do one thing fully totally different. Can I switch my inexperienced card to a different employer in a special discipline and place, or ought to I stick it out in my present place till I obtain my inexperienced card?
If I ought to stick it out, how lengthy ought to I stick with my present employer after I obtain my inexperienced card?
— Craving Change
Pricey Craving,
As my dad (additionally an immigration lawyer) would at all times say, right here is a kind of basic lawyer solutions: “It relies upon.”
It’s so thrilling when an organization is prepared to sponsor you for a inexperienced card, however issues can change quick, particularly within the Valley. The previous two years have been a time of self-reflection and reassessment. Thanks for reaching out, and right here’s an summary of a number of the common choices.
Can I switch my inexperienced card?
Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a brand new window)
The American Competitiveness within the Twenty-First Century Act (AC21) makes it attainable for some professionals to switch their employment-sponsored inexperienced card course of from one authentic employer to a different with out giving up their “spot in line.”
It has numerous situations, comparable to:
The I-485 (Utility to Register Everlasting Standing or Modify Standing), the ultimate step after submitting the I-140 inexperienced card utility, should have been pending with U.S. Citizenship and Immigration Companies (USCIS) for at the very least 180 days since submitting;
The brand new job is within the “similar or related” discipline because the job for which the unique inexperienced card utility was filed (this entails a sophisticated authorized evaluation based mostly on a wide range of elements).
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