Recently, an Indian professional working at a prestigious U.S. university raised an important question about the H-1B visa: “My employer has a policy to start green card sponsorship only after 4 years. I’ve just hit that mark, but now they’re saying they want to evaluate my ‘performance’ before kicking off the process. What happens to my H-1B with just 2 years left?”
This individual has played by the rules and waited patiently, only to find that the employer has suddenly shifted the goalposts. There were no prior mentions of performance issues, just a vague excuse to postpone the PERM filing.
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The real worry here is that to extend an H-1B beyond the 6-year limit, the PERM application needs to be submitted at least 365 days before the visa expires. Without that, there’s no chance for renewal or extension.
If the employer drags their feet, the worker risks running out of H-1B time. The silver lining? Other employers can step in and hire them, transferring the H-1B for whatever time is left—even if it’s just 1.5 or 2 years.
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But will new employers be willing to sponsor someone with a ticking clock and no green card application in sight? It really depends on how quickly they act and if they’re prepared to invest in the process.
This scenario highlights a tough reality: even at top institutions, green card sponsorship isn’t a given after years of hard work. Delays can seriously impact workers, narrowing their future options and forcing them into difficult choices. Time is an unforgiving factor in immigration, and waiting too long can mean losing control over one’s own status.
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