Convincing the Employer for PERM

J

jgbr

New Member
Hello All,
I will be completing my first year of J1 waiver soon. I think it is high time to start applying for GC.
I tried talking to my employer in the beginning of the employment about starting my GC processing (to avoid retrogression as I am from India) but it was too soon for them and they did not sponsor any one before me. So they asked me to wait for a while as they have to do the recruiting.

Anyways.. it has been almost a year and I am going to try again. I really like this place and do not want to leave for next couple of years so I cannot give them "either you sponsor or I leave" kind of ultimatum (contract is kind of flexible after 2 yrs of employment). They have been treating me well (equal to my amer colleagues)
Bottom line is I do not want to upset them and yet get my GC done.

So here are the questions:
What is the best way to convince them that I need a priority date for my PERM?

Can you give me an update of current PERM conditions so that I can explain them the necessity of starting soon?

Any other tips?

I am a specialist so I was told that NIW is out of question for me. Is it true?

EB1 is out of question as I only have couple of pubs.

Any other options?
 
Well you can tell your employer that if they are interested to keep you then they better file for PERM. Now I am not sure if you can start that without your waiver being over. Employers usually don't know all the ins and outs of immigration, you have to explain that H visa is good for temporary employment and you can't renew it for ever. Tell them that if nothing is pending when your H expires then they will loose you. This is not a threat, it is the truth.

If you have only "few" pubs and are an specialist then start looking into EB1 too. I have heard of much weaker cases going well.
 
If your ultimate goal is to get GC, then look for a sponser who can understand your problem.

EB2 is not available, even available it may not in your favor.

If you are GI, there is sponser and will do your PERM right away.
------------------
jgbr said:
Hello All,
I will be completing my first year of J1 waiver soon. I think it is high time to start applying for GC.
I tried talking to my employer in the beginning of the employment about starting my GC processing (to avoid retrogression as I am from India) but it was too soon for them and they did not sponsor any one before me. So they asked me to wait for a while as they have to do the recruiting.

Anyways.. it has been almost a year and I am going to try again. I really like this place and do not want to leave for next couple of years so I cannot give them "either you sponsor or I leave" kind of ultimatum (contract is kind of flexible after 2 yrs of employment). They have been treating me well (equal to my amer colleagues)
Bottom line is I do not want to upset them and yet get my GC done.

So here are the questions:
What is the best way to convince them that I need a priority date for my PERM?

Can you give me an update of current PERM conditions so that I can explain them the necessity of starting soon?

Any other tips?

I am a specialist so I was told that NIW is out of question for me. Is it true?

EB1 is out of question as I only have couple of pubs.

Any other options?
Click to expand...
 
What I told my employer...

I am not an expert by any means but I was in a similar situation not too long ago. After I finished the 1st year of J-1 waiver, I approached my employer to discuss the GC process. First, they had no clue about how long it would take to go through PERM and adjustment of status to eventually get the GC. Second, they did not know that they could hire me under H-1 for so many years. After those issues were explained to them, they understood but still had some hesitation because they feared I would leave them on the spot once I got my GC. What we did was we had a clause in the contract stating I would stay with them for one more year after the GC is approved. (You're obligated to stay with the sponsor for at least 6 months anyway so another 6 months does not seem too bad.)

By the way, you can start PERM anytime while on J-1 waiver. It usually requires advertising so better start sooner than later.

Hope it helps...
 
happyneige,
though you may ableto start perm while on j waiver, my understanding is that you cannot file for gc until you have completed your 3 years of waiver? is that right?
 
You can file an NIW as a specialist, you just can't file the 'physicians in underserved areas NIW'. While the lawsuit on NIWs was won in every other respect, the judge didn't address the specialist issue based on a formality.

In a regular NIW you proove that
- your work is national in scope
- has intrinsic merit
- your employer would have a major disadvantage if he had to take someone through labor cert (e.g. a person with the minimal qualificiation, but not the necessary special education and training required for the position)
 
Last edited by a moderator:
bhoray said:
happyneige,
though you may ableto start perm while on j waiver, my understanding is that you cannot file for gc until you have completed your 3 years of waiver? is that right?
Click to expand...

Yes. That is my understanding also.
 
To happyneige or Hadron RE: PERM

By the way, you can start PERM anytime while on J-1 waiver. It usually requires advertising so better start sooner than later.
Click to expand...

Can you start PERM AFTER the J1 approval and BEFORE one starts the actual J1 job?Many Thanks :)
 
You must log in or register to reply here.
Top