Legal Question in Immigration Law in New Jersey
Green card processing
Hi,
Situation: I am currently on H1B and would like to start my green card processing. The current employer would not file for my Green card. However, another employer is willing to file my green card.
Question : Is it necessary for my H1B to be under the employer for him to process my green card or can I still be under the current employer and ask the other to process, can that be done? what are the consequences? please let me know
4 Answers from Attorneys
Re: Green card processing
Because the labor certification process is for a future position it is possible to remain on H-1b with your current employer while another employer begins the green card process.
However, you will have to maintain your H-1b status until your priority date becomes current and you can actually file your I-485.
It is advisbale that you speak with an immigration attorney on the specifics of your case.
Re: Green card processing
If another employer is willing to sponsor you for your green card, then he can, but you have to work for that sponsoring employer upon receipt of your green card. You should consult with an attorney to discuss the process in detail so that both you and the sponsoring employer understand the obligations and requirements involved with the application process.
Re: Green card processing
Yes, another employer can sponsor you for labor certification, even though you are not currently employed by them. Later on, however, you will have to go to work for the sponsoring employer. If you would like any more information, you may call our office to set an appointment for a consultation.
Sincerely yours,
Heidi Meyers
Re: Green card processing
Yes, another employer may commence the green card process on your behalf. The green card process is actually prospective in nature. That is, at the time of initial filing, you and the petitioning employer should have a good faith intention to employ you upon actual approval of the green card.
Attached is a link to our website which sets forth a description of each of the 3 steps of the green card process:
http://www.meyner.com/CM/Articles/RoadtotheGreen.asp
The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.
Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.
Anthony F. Siliato, Esq.
MEYNER AND LANDIS LLP
One Gateway Center
Newark, New Jersey 07102
www.meyner.com
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