I am an international student from Hong Kong and was graduated with an MBA in 2011 August. My OPT starts on August 5, 2011 and I moved to Utah to start working a full-time job as a Marketing Specialist on November 1, 2011. My company filed a H1B visa application for me last week, however, the H1B cap has been all gone and the Immigration department rejected those applications after Jun 11. My application made on time, but there is a document from the Labor Department is delayed and arrived on Jun 13. Thus, they reject my application.

When I start working in my company, they told me after the application of H1B working visa, I will work 2 more years and they will start working on the green card application. Right now, because of the failure of the H1B application, I wonder if we can just go ahead for the green card application? We have a lawyer takes care of these, but I think she is not specialize in the immigration law as she is the one who just takes care of general stuff of my company. And my company has never helped other people to do green card application (but my company has helped two people to do H1B application before). As per what she said this time: if we go for green card application now, there is very high chance to get denied. My question is I cannot see big difference between the application of green card now and after two years. Can any lawyers give me opinion on this issue?