Legal Question in Immigration Law in California
Labor Certification under 245(i)
I filed for 245(i) before Apr.2001 when a company/job agency petitioned me for a healthcare job. When I checked on them in the Better Business Bureau, the Bureau states that the company is misleading and deceptive. That they are actually a placement agency and they provide job marketing services and they don't guarantee employment and interview. Nevertheless, my petition was filed in the State Workforce Agency and I verified it with them. I even have a case number. The next step is now in the State ETA that will put my petition in the processing queue because it was filed via RIR. Can the company file a petition if they are a healthcare agency? Another thing if I transfer my petition to another employer or another petition via marriage to a citizen, will there be any problem with it? I have been hearing lately that some petitions that are being transferred are being denied by the Service Center? What constitute a petition that is approvable when filed? Can I rectify the length of my job experience in the application even after I transfer my 245(i) application? I think I supplied them a wrong information. Any kind of information will be appreciated. Thank you very much.
2 Answers from Attorneys
Re: Labor Certification under 245(i)
if you marry a USC, you should be able to file an adjustment w/o 245(i) as long as you entered the country legally.
Gabriel D. Jack, Esq.
408.293.2026-phone
Re: Labor Certification under 245(i)
I would investigate the company a bit more, because sometimes this can be done and other times it cannot. You may be able to file another petition since you might be grandfathered. However, marriage to a U.S. citizen could cure your problems, unless you entered the U.S. without inspection.
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