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Can an employer apply for his employee who over stayed(visitor visa expire)but he has work experience based on one of the preferences categories (3rd preference:skilled workers)for labor certification?
in case he applyed and got a labor approval,can he apply after that for I-140 then I-485 when priority date is curent?
My emplyer told me we should try,we are not going to loose any thing.
I know some one told me ,this matter depends on the labor department. if you got a labor certification approved ,you can apply for I-140 and I-485,only if visa numbers becomes available again(which takes a long time) because you need a visa number instead of your expire visa.He told me he knows few people in same situation have labor approval and already apply for I-140andI-485 last year when visa numbers were available in july and Augist 2007,and they got EAD and receipt notices for I-140 and I-485 and they even got finguer print done.But he told me they did'nt apply for AP,because if they travel,they can not enter USA again.
in case he applyed and got a labor approval,can he apply after that for I-140 then I-485 when priority date is curent?
My emplyer told me we should try,we are not going to loose any thing.
I know some one told me ,this matter depends on the labor department. if you got a labor certification approved ,you can apply for I-140 and I-485,only if visa numbers becomes available again(which takes a long time) because you need a visa number instead of your expire visa.He told me he knows few people in same situation have labor approval and already apply for I-140andI-485 last year when visa numbers were available in july and Augist 2007,and they got EAD and receipt notices for I-140 and I-485 and they even got finguer print done.But he told me they did'nt apply for AP,because if they travel,they can not enter USA again.
