AJK_1 Posted June 8, 2011 Report Share Posted June 8, 2011 Hi My friend is working with Employer A but that employer is not ready to file GC so he has filed Greencard with employer B. Is it possible ? He told me that Greencard is for future Permanent Employee not for Temporary employee, still i am not getting this..anybody have some idea abt legality of this case ? Thanks Link to comment
Attorney_17 Posted July 10, 2011 Report Share Posted July 10, 2011 Your friend is correct. The H-1B governs a person's current status while the green card application is for a future job. Most employers are not willing to sponsor an individual for a green card unless the person is already working for the employer. However, it is not a requirement that the person be working for the green card sponsor while the application is pending. Please note, however, that the employer is required to show that it has the ability to pay the proffered wage from Priority Date continuing until the green card gets approved. Also, the person will need to join the green card sponsor pursuant to the terms and conditions of the Labor Certification/PERM and I-140 petition upon approval of the I-485 application at the latest. Link to comment
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