Is this greencard process legal or not??

J

joe21

Registered Users (C)
The posting is a little lengthy. Thanks in advance for reading and for your opinion.

My friend is on H1B of company AAA. She is on project in company BBB - which is a reputed non-profit organization. Six months before, BBB agreed to sponsor her greencard and gave a letter of consent and signed the RIR advt text. The company AAA agreed to pay for the greencard process as a goodwill to both the employee and the non-profit. A well-known attorney did the RIR process and prepared the papers for labor cert for BBB's signature.

At this time, "the general counsel" (an attorney with no experience in immigration) of BBB objects to the process as "illegal". He says that it is illegal for a company to apply for labor cert and green card for a person who is not currently employed on H1B in the same company! He says that the INS will scrutinize BBB "for a possible fradulent" immigration attempt because there is no evidence of intention to employ. He demands that BBB must get a H1B for the person and then only begin the greencard process!

Because of this attorney, the whole process has come to a halt. BBB is not willing to take a second legal opinion. My friend is playing an important role in BBB and so, he is worried that BBB is probably doing this to delay the greencard process for ever. BBB is not even explaining why they agreed to the process six months before.

Any inputs regarding this case will be appreciated. Also, could any one quote the labor / INS laws related to this? Will any attorney be willing to give a written opinion to the non-profit orgn?

Thanks again, friends!
 
Ask the attoney (so called well-known) to contact BBB's attorney to convince saying it is absolutely OK to process the GC for future job.
 
Originally posted by TAMIL_GC
Ask the attoney (so called well-known) to contact BBB's attorney to convince saying it is absolutely OK to process the GC for future job.
Click to expand...
Absolutely Correct.
 
Agree to assur :eek: and transitively to TAMIL_GC.

I will go with a diffrent approach. Ask for a waiver of LC as BBB is a reputed non-profit organization. Your friend should also try possibility of private bill.

As for your question - it is not illegal.
 
Thanks, friends. Could someone quote any law "sections"?

Also, what's a "private bill"?

Thanks, again.

(PS: Rajiv and other seniors, it'll be a good idea to have an immigration glossary here. It'll be helpful to everyone. We could keep adding so much...)
 
Click search button on right hand corner. There are stuff present on the web-site(atleast link is exists for sure.).
 
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