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  • Perm Case

    Can the same company that I got my first year experience sponsor me for green card? Why most attorneys are recommending not to go with the same company to file perm? Thanks in advance.
    03/05/2019 Filed concurrently EB3 Regular
    05/20/2019 Receipt Notice received
    06/21/2019 i-140 approved
    8/9/2019 Case transfer to NBC notice received
    8/24/2019 Biometrics appointment 09/05/2019
    8/30/2019 RFE for my wife, Courtesy letter for me
    9/16/2019 Interview Ready for Schedule
    9/17/2019 Interview Scheduled
    9/21/2019 Interview scheduled for October 28th
    10/17/2019 EAD approved
    10/24/2019 EAD/AP received
    10/28/2019 Interview Completed
    11/25/19 New card being produced

  • #2
    The question is unclear. The company can certainly file for your GC. However, DOL rules are that you cannot use any experience you get with your current position as a requirement in the job posting, since that would automatically rule out any external candidates that would like to apply for the job posting.
    Just an opinion; Not legal advice.

    Comment


    • #3
      scientist2016, thanks forexplanaition. So as long as it passes the Dept. of Labor certification, it shouldn't be a problem to worry about?
      03/05/2019 Filed concurrently EB3 Regular
      05/20/2019 Receipt Notice received
      06/21/2019 i-140 approved
      8/9/2019 Case transfer to NBC notice received
      8/24/2019 Biometrics appointment 09/05/2019
      8/30/2019 RFE for my wife, Courtesy letter for me
      9/16/2019 Interview Ready for Schedule
      9/17/2019 Interview Scheduled
      9/21/2019 Interview scheduled for October 28th
      10/17/2019 EAD approved
      10/24/2019 EAD/AP received
      10/28/2019 Interview Completed
      11/25/19 New card being produced

      Comment


      • #4
        Originally posted by fdb2171 View Post
        scientist2016, thanks forexplanaition. So as long as it passes the Dept. of Labor certification, it shouldn't be a problem to worry about?
        Your current company can sponsor you. The problem is that you can't count your experience at the company and the requisite to have an employment based green card such as EB2 requires at least 5 years of experience. What GC will they be applying for?
        EB2 - National Benefits Center (I-485/I-765/I-131)
        - Priority Date: 10/19/2018
        - Biometrics NOA: 11/09/2018
        - Biometrics Appt: 11/26/2018
        - Fingerprint Review Completed: 11/28/2018 and again on 12/05/2018
        - Combo card (I-765/I-131) approved: 05/03/2019
        - Combo card (I-765/I-131) received: 05/10/2019
        - Interview Notice: 10/03/2019
        - Case Approved: 10/04/2019
        - Card in hand: 10/10/2019
        (374 days of DOL/I-140 and 356 days of AOS = 730 days of Green Card Process)

        Comment


        • #5
          Currently another company that is owned by the same owner as the one I got experience is sponsoring me for EB3. I was just curious why attorney told me it was better if another company sponsor me. As far as I understand doing that can eliminate other U.S candidates for the position. My got approved by DOL and recently filed the i-140 and i-485 concurrently.
          03/05/2019 Filed concurrently EB3 Regular
          05/20/2019 Receipt Notice received
          06/21/2019 i-140 approved
          8/9/2019 Case transfer to NBC notice received
          8/24/2019 Biometrics appointment 09/05/2019
          8/30/2019 RFE for my wife, Courtesy letter for me
          9/16/2019 Interview Ready for Schedule
          9/17/2019 Interview Scheduled
          9/21/2019 Interview scheduled for October 28th
          10/17/2019 EAD approved
          10/24/2019 EAD/AP received
          10/28/2019 Interview Completed
          11/25/19 New card being produced

          Comment


          • #6
            Originally posted by fdb2171 View Post
            Currently another company that is owned by the same owner as the one I got experience is sponsoring me for EB3. I was just curious why attorney told me it was better if another company sponsor me. As far as I understand doing that can eliminate other U.S candidates for the position. My got approved by DOL and recently filed the i-140 and i-485 concurrently.
            So the position is a new role. That's ok then because your previous position should count.
            As far as I'm concern there isn't anything that will prohibit you from applying with the same company
            EB2 - National Benefits Center (I-485/I-765/I-131)
            - Priority Date: 10/19/2018
            - Biometrics NOA: 11/09/2018
            - Biometrics Appt: 11/26/2018
            - Fingerprint Review Completed: 11/28/2018 and again on 12/05/2018
            - Combo card (I-765/I-131) approved: 05/03/2019
            - Combo card (I-765/I-131) received: 05/10/2019
            - Interview Notice: 10/03/2019
            - Case Approved: 10/04/2019
            - Card in hand: 10/10/2019
            (374 days of DOL/I-140 and 356 days of AOS = 730 days of Green Card Process)

            Comment

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