H1B to Green Card 2026: What to Do If Your Employer Isn’t Filing
The H1B to green card 2026 process has become a major concern for professionals whose employers have not initiated their green card filing. In many cases, the delay is not due to eligibility but due to employer decisions, leaving candidates uncertain about their long-term status.
In 2026, one of the most common challenges is not eligibility for a green card, but the lack of employer action. Many organizations delay or avoid initiating the process due to internal policies, cost considerations, or shifting priorities.
As a result, a growing number of H1B professionals are reassessing their situation and exploring structured ways to move forward.
Quick Answer
Can you switch employers if your current company is not filing your green card?
Yes. H1B regulations allow for employer transfer, and many companies actively sponsor green cards as part of long-term workforce planning.
Why Green Card Processing Often Gets Delayed
Green card delays are typically not caused by individual limitations, but by organizational decisions.
Common factors include:
- Absence of a defined sponsorship policy
- Delayed PERM labor certification initiation
- Budget constraints or internal approvals
- Role classification not aligned with sponsorship criteria
- Limited communication from HR or leadership
In many cases, professionals wait without clarity, which significantly impacts their long-term timeline.
Understanding the Impact of Waiting
Delays in starting the green card process directly affect:
- Priority date progression
- Overall processing timeline
- Future visa flexibility
The PERM labor certification stage is particularly critical, as it determines when your priority date is established. Any delay at this stage extends the entire process.
Is Changing Employers a Viable Option in 2026?
Yes. In the current market, changing employers is a structured and increasingly common approach.
Organizations in sectors such as technology, data, and healthcare continue to:
- Hire international talent
- Support H1B transfers
- Initiate green card processes earlier
- Use sponsorship as a retention strategy
A well-planned transition can provide both career advancement and improved immigration clarity.
Green Card Process Overview (Employment-Based)
The standard process includes:
- PERM Labor Certification
- Form I-140 (Immigrant Petition)
- Priority Date Waiting
- Adjustment of Status (Form I-485)
Among these, PERM is the most time-sensitive stage, as it establishes your place in the queue.
When Should You Consider a Change?
You may consider evaluating alternative options if:
- There has been no green card discussion within 12–18 months
- Your employer cannot provide a defined timeline
- There is no documented sponsorship policy
- Responses from HR are unclear or inconsistent
- Your role does not align with long-term sponsorship planning
A lack of clarity over time often indicates structural limitations within the organization.
Current Market Conditions for H1B Professionals
Demand remains strong in areas such as:
- Software development
- Cloud computing and cybersecurity
- Data engineering and analytics
- Healthcare and allied services
Employers in these sectors are more likely to maintain structured immigration programs, including green card sponsorship.
Approach to Transitioning Effectively
A strategic approach includes:
Identifying Sponsorship-Ready Employers
Focus on organizations with a documented history of green card sponsorship.
Aligning Your Professional Profile
Ensure your experience matches roles commonly supported for sponsorship.
Evaluating Employer Transparency
Ask clear questions regarding sponsorship timelines and internal processes during interviews.
How Molina Technologies Supports H1B Professionals
Molina Technologies works with employers that have established sponsorship frameworks.
Support includes:
- Connecting candidates with organizations prepared to initiate green card processes
- Aligning candidate profiles with relevant opportunities
- Facilitating direct engagement with hiring teams
- Supporting transitions within H1B guidelines
This structured approach helps reduce uncertainty and improves long-term planning.
Common Mistake to Avoid
The most common challenge is extended waiting without a defined plan.
Time spent without progress can significantly delay your green card timeline and limit future options.
Conclusion: Take Control of Your Green Card Timeline
The H1B to green card pathway in 2026 requires proactive decision-making.
While staying with your current employer may feel like the safer option, long-term clarity depends on whether your organization is prepared to initiate and support your green card process.
Professionals who move forward effectively are the ones who:
- Evaluate their situation early
- Avoid prolonged uncertainty
- Align with employers who are structured to act
Molina Technologies brings a proven track record in supporting green card sponsorship, with professionals successfully placed across key U.S. regions including Virginia, Maryland, and Washington, DC, along with other major markets.
With structured employer partnerships and experience in H1B transitions, the focus is on creating a clear and reliable path toward long-term stability.
Frequently Asked Questions (FAQs)
Yes. H1B visa rules allow employer transfer, and many companies actively sponsor green cards as part of long-term hiring strategies. Switching to the right employer can help you start the process sooner.
If your I-140 petition is approved, you can generally retain your priority date when moving to a new employer, subject to USCIS regulations.
Most employers initiate the process within 12–18 months. If there is no clear timeline beyond this, it may be advisable to evaluate other opportunities.
Yes. H1B transfers are a standard process, and many employers are actively hiring and supporting visa transfers along with green card sponsorship.
The fastest approach is to work with an employer that initiates the PERM labor certification early, as this step determines your priority date and overall timeline.
You can work with specialized teams like Molina Technologies that connect H1B professionals with employers who have established sponsorship frameworks.