H1B with Contract Job: Self-Sponsoring Green Card Process

This Reddit post from r/greencard highlights a common challenge faced by H1B workers in contract positions: securing green card sponsorship when their current employer is unwilling to sponsor the process. The individual has an approved I-140 petition from a previous employer and a priority date of January 2015, which is a significant asset in navigating the EB immigration backlog. For workers in this situation, several self-sponsoring pathways exist under employment-based immigration. The most relevant option is the EB-1C category for multinational managers or executives, though this requires meeting specific criteria. Another route is the National Interest Waiver (NIW) under EB-2, which allows individuals to self-petition if their work is in the national interest, bypassing the need for employer sponsorship. The EB-3 category, while not directly self-sponsorable in the traditional sense, does allow for job portability under AC21 provisions. With an approved I-140 and a priority date as early as January 2015, the individual may be eligible to port their priority date to a new petition, which could significantly expedite the process depending on current visa bulletin movement. The complexity of maintaining H1B status while pursuing self-sponsorship, retaining the priority date, and navigating contract employment arrangements requires careful legal guidance to avoid jeopardizing existing immigration benefits.