Help me write my ads (Employment Green Card)

[frontwheel 0]

All of your experience will roll up together. How you entered the US is important. And not being out of status is important.

If your employer thinks that it's just run an ad and poof you have a visa it isn't that simple.

From what I've looked up and what my boss has researched, my family stuff isn't a factor any more. I'll keep researching, but in the mean time, I'd really like some tips for the the employment gc. after we run the ads, what should we do?

[mjaskiew 8]

Frontwheel, I recommend you also start reading another forum (although Visa Journey is also a great source) that is specifically related to employment based immigration, here is the link http://www.trackitt.com/usa-immigration-trackers/employment-based

Few things:

1. you cannot personally pay for any portion of your green card process so I don't think splitting costs of the ads with your boss is such a good idea.

2. American candidates cannot be disqualified based on not speaking specific languages. Unless the position really requires it but from what lawyer told me cases like that will be put under much more scrutiny.

3. What is your education and where are you from? This determines what category you can be sponsored in and how long you'll wait for a green card - have you looked into that?

4. If your EAD expires in August 2011, I highly doubt you'll be able to finalize your process before that. And you need to be legally present in the US in order to be able to adjust your status based on employment offer.

5. Has your boss registered with Workforce Commission and has he obtained a prevailing wage for your position? You cannot start a recruiting process without it.

6. Your boss cannot disqualify all candidates just by stating that you are the best. The recruting process has to be objective.

You need to do more reading if you want to do it without a lawyer. Good luck!

Edited February 13, 2011 by mjaskiew

[mjaskiew 8]

From what I've looked up and what my boss has researched, my family stuff isn't a factor any more. I'll keep researching, but in the mean time, I'd really like some tips for the the employment gc. after we run the ads, what should we do?

After you run the ads, your boss needs to file your PERM with Department of Labor. If your PERM gets certified, your emloyer will file I-140, and if your country and category is current, you can file I-485.

[Boiler 45,753]

This looks like it is going to end in tears.

I would be very surprised if it did not.

So you obtained an EAD on the back of a GC application by your ex wife. She should have pulled that application, if not the EAD would be invalidated by a no show at the interview.

The only Visa that could work would be a H1b, but the only notice required is in your workplace.

The only thing I can think of is an EB3, but the retrogression on those is many many years, exactly how many depends on which country you are from.

So you are probably working here illegally, accruing illegal status and wasting money on a immigration category that you could not get anyway, overstays are not forgiven for work categories.

I would suggest a Lawyer is essential, if you want comments here at least provide information on exactly what has happened including dates so we can stop guessing.

[Boiler 45,753]

After you run the ads, your boss needs to file your PERM with Department of Labor. If your PERM gets certified, your emloyer will file I-140, and if your country and category is current, you can file I-485.

Looks like we had the same thoughts.

[mjaskiew 8]

Frontwheel - one more thing. You guys need to advertise in a few different sources - not only a newspaper. I believe company's website, campus, career websites (like monster.com), radio etc are other choices. The ad in the newspaper has to be posted in a Sunday edition and has to run two consecutive weekends.

Here is another link you might want take a look at: http://www.usavisanow.com/perm/

It explains what has to be done prior to I-140 filing.

[angeldee888 0]

You can find the right verbage - but from my experience for filing your GC you should hire a lawyer rahter then just you filing.

Hi Frontwheel ... I agree with Harsh 100%.. There are immigration lawyers for a reason. Especially now when the unemployment rate is sky high. Your employer will have to prove to DOL and INS why no other US citizen or legal perm resident is fit for your job. Hiring a lawyer is the safest way to go. At least for me it did.

In my experience, after we placed the first ad ... two years later my attorney received a notice from the DOL that we had to RE-ADVERTISE MY POSITION once more. After spending more money and waiting 3 more months, it was only then that my Labor Cert was approved.

After the labor cert was approved, I got my green card after 3 years.

I know hiring a lawyer is expensive ... but in the end, for me, having a good immigration attorney was worth every penny I paid them because after all the roadblocks I had to go thru, they were the ones who saved me the time, trouble, headaches and panic attacks.

[Harsh_77 718]

Op – After reading your case, it seems you need to first make sure that your status is legal.

Then if you are not on H1B at the moment, I don’t think you can directly just file for GC, earlier you were filing for GC based on your spouse’s status, which you no longer are on.

What I understood from your post is from spouse GC you are filing for employment based GC, which I have never heard of.

[aleful 1,905]

Thanks Penguin! I showed this to my boss and he made some changes and sent it into the newspaper. I never realized how expensive neewspaper ads are. My boss didn't either and seemed like he was having second thoughts. We agreed to split the cost, so I guess I won't be getting my new ipod, lol.

I'm here in the US. I was married last year and tried getting a GC through my wife. My boss filed the visa card for me after the GC application was submitted. My wife left me and had her lawyer threaten me with a lot unless i agreed to the divorce. Thats a big reason i want nothing to do with a lawyer for this, im tired of being screwed over by them. Anyway, my visa card expires in august and im thinking ahead about my employment greencard.

Thanks everyone for your help!

If your boss it trying to file a labor certification, it will take many years depending on what category you are in, your skills and professional education.

I'd think about it twice, because what will you do when your EAD expires in August, you cannot file an extension because there is no marriage petition, so you will be out of status. be careful because what will your boss do when you become undocumented and cannot work legally? It may come back to bite you, because he may choose someone from the people he interviewed. How are you going to maintain legal satus if it might take 3-7 years? That is, if it is a labor certification.

You must maintain legal status at all times.

[Boiler 45,753]

I think he has sussed that out now which is why he has not been back.

[Harsh_77 718]

Boiler - either that or he has figured out he is in much more trouble then he is thinking and his employeer is willing to file for his GC would solve his problem after his break up with his wife.