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Here’s one more edition of “Dear Sophie,” the advice shaft that answers immigration-related questions around working at modern technology companies.
“Your questions are critical to the spread out of expertise that enables people everywhere the civilization to rise above borders and pursue their dreams,” claims Sophie Alcorn, a Silicon Valley immigrant attorney. “Whether you in world ops, a founder or seek a job in Silicon Valley, I would certainly love come answer your concerns in my following column.”
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I want to extend an sell to an engineer who has been working in the U.S. On an H-1B for nearly five years. Her current employer is sponsoring she for one EB-2 green card, and our startup wants to rental her together a senior engineer.
What happens to her environment-friendly card process? deserve to we take it it over?
— Recruiting in Richmond
Congrats on recognize the ideal candidate for your role. Her startup’s capacity to take over the EB-2 green card process for this candidate — or whether you have to start the green card procedure from the start — depends on where she is in the green card process and whether the place you are offering is comparable to her current role.
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Take a hear to my podcast in which mine colleague, Gilberto Orozco Jr., one associate lawyer at my firm, and I comment on the American Competitiveness in the 21st Century plot — or AC21 — consisting of “green card portability.”
Enacted in 2000, AC21 gives international talent in specific situations the adaptability to adjust jobs during the eco-friendly card process and the ability to expand an H-1B visa beyond the six-year limit to avoid having to leave the United states while waiting for a environment-friendly card. I recommend stating your situation and also goals with an proficient immigration attorney to recognize your options.
The process for EB-2 green cards
As I mentioned earlier, what happens to the green card procedure if your candidate changes jobs relies on wherein she is in the EB-2 eco-friendly card process. There are two varieties of EB-2 eco-friendly cards that have slightly various processes: