Asylee applies for Greencard through employment: HOW?

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pvlaca

Registered Users (C)
I read in some threads the discussion of applying for greencard through one's employer. Could someone who has experience in doing this kindly explain:

1. What is the process
2. What is the benefit: does that mean applying through one's employer will resulting in shorter waiting time?
3. Whether an asylee applying for Greencard through employer needs to go through the time-consuming labor certification?

Thanks in advance on behalf all who are interested in filing through the employer.
 
one of my friends with asylum-I485 pending applied for National Interest Waiver, and his petition (I-140, I think) got approved recently. He just filed his second I-485 through this.
He has a PhD in biology. My understanding is if you qualify for the National Interest Waiver, you don't need to go through labor certification process.
 
Winlett:

thanks for your reply! Since most people may not be qualified to apply under National Interest Waiver, I wonder what's the process for those asylees who have employers who are willing to sponsor them in their GC application.

PVLACA
 
Shorter time to permanent residency

The benefit is it might be faster than current AOS for asylees. Of course unless something changes and the 10000 cap per year is lifted.

The first step is Labor Certification. This is where your employer says I could not find a suitable person for the job in the market. This involves applying to DOL after documenting recruitment efforts.
Once your position is certified, then your employer would file I140 petition which is the actual "sponsorship". Your employer is saying to USCIS, I need to hire this person because I could not find a person for the position and presents the labor certification.
Then, you would apply for I485, which is the actual process of adjusting your status from asylee or whatever to a permanent resident. The I485 and I140 can actually be concurrently submitted according to recent regulations.
I would advise you to find a reputable attorney if you want to proceed this way. The labor certification process used to be lengthy but these days it should be better because of PERM.
There is a wealth of information in the other threads in these forum and I would advise you to sift through it.

snowbrd
 
snowbrd , i have a question for you.

Can we apply for green card and still keep the aslyum I485 in the pipeline simultaneous?
Also , you apply through employment won't you status change in HR . I mean you are now no longer authorized to work for any employer. So, if you loose job , you just can't get another one like before. or can we use asylume status to get a job?
thanks
 
It is possible to apply for your green card through the employment-based process. But I think it is ill-advised. Most of us have had enough INS bureaucracy. Why are you asking more by starting another process? Also unless you are the rare person who is eligible for a National Interest Waiver (NIW), you will be more or less beholden to your employer for the duration of the immigration process. This will deprive you of the freedom in the labor market that you have come to enjoy as an asylee.
 
Asylee13 said:
snowbrd , i have a question for you.

Can we apply for green card and still keep the aslyum I485 in the pipeline simultaneous?
Also , you apply through employment won't you status change in HR . I mean you are now no longer authorized to work for any employer. So, if you loose job , you just can't get another one like before. or can we use asylume status to get a job?
thanks
Click to expand...

Yes you can apply for both simultaneously. There is no law that bars you from doing that. I would advise to talk to a competent attorney. I have heard people say that it will complicate things but if you really look at your options, it is either to wait for long time with frustration for your asylee 485 or for you to apply through your employment. Take into consideration the time that it will take for your asylee 485 and your 485 based on a I140.
The other question is about your status with HR. HR should not care what your status is as long as you are authorised to work legally. There is nothing that binds you to the company. Your status as an asylee does not change until your 485 is approved. Of course you are expected to work for the employer for a reasonable period before you change employers(Six months according to what I read in the 485 forum).

Snowbrd
 
Snowbrd,
HR is definately conserned. They are only hiring those with permanent residency or citizenship. Now if i tell them that i am no more a PR , they won't keep me anymore.
Or are you suggesting don't tell them . But then who is going to sponser my green card. I am their employee after all.
 
For the purposes of employement, you are in effect a permanent resident. No employer can discriminate based on your status. As an asylee, you are allowed to work. Therefore, unless the company has other qualifications for the job such as having a security clearance or being a citizen for certain government jobs, that should not be a concern.
On the other hand, your employer has to be willing to sponsor you. The willingness comes of course if you are an asset they can't lose or you are working with nice people.
Of course if you tell them you are an asylee and they let you go, you have one fat check coming to you when you sue them. They can not lawfully let you go because you are an asylee. However, we all know they can find other reasons to let you go but I doubt they will go to that length to let you go just because you are an asylee. Usually, companies do not want to go through the hassle of immigration matters. This is specially true when the economy is in a downturn. However, these policies get reversed when the economy is good and they have a crunch with skilled labor.

snowbrd
 
No snowbrd, you misunderstood my question. I agree HR can't discriminate and they hired me in Asylee stuatus. My question was now if i ask them can you sponser my Green card, why would they. They are happy to have an employee with no sponsership hassles ?
 
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