Can we file for our own green card


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Hello all,

My employer is willing to pay for the USCIS fee but not the attorney fee to file my GC. I am ok to pay my attorney. But as per the rules the attorney fee for the PERM should be paid by the Employer and not the employee. But my company COO argues that, he spoke to USCIS and they say one does not need to hire a lawyer and can file on their own. My H1b expires 30 September 2013, not a lot of days left.

1. Can anyone tell me, if it is easy or risky to file on our own? Is it tough to handle if we get RFE?

2. If we file on our own, is their a source where I can find the procedure?

What do you guys advice me to do

Thank you all for your time.

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You cannot pursue permanent residency (green card) "on your own". The employer is sponsoring the employee. To start, the PERM labor certification application is completely the employer's process, not the employee's, and must be prepared and filed by them. This includes prevailing wage determination (PWD), recruitment activities and reviews, etc. The employer incurs all the associated expenses. Of course, an employer does not have to use a lawyer for the preparation and filing, but not using a lawyer increases the chances of mistakes and possibly denial.

You are free to retain your own lawyer, but they can have no part in preparing and filing the PERM labor certification application, and you cannot incur any of the expenses associated with the PERM labor certification application.

This is just to start ...

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Unless the company has experience in these things, it would fail if they don't hire a lawyer.

Being penny wise and pound foolish is not a good thing.

If the company doesn't want to get a lawyer for the process, I suggest you find another employer.

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Its ok to pay the fees all by yourself...i did it by myself..mine was a desi employer who wasn't ready to put money even on the PERM.

That is not correct. It is illegal for an employee to pay for any portion of a PERM labor certification application. This includes preparation costs, lawyer's fees, filing fees, etc. A PERM labor certification application can be denied or revoked if it is found out that the employee incurred or was charged any of the costs.

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its ok to pay the fees all by yourself...i did it by myself..mine was a desi employer who wasnt ready to put money even on the PERM.

Actually, the employer absolutely has to pay for PERM, including the lawyer fees for it.

It is ILLEGAL for the employee to pay any of these fees. The employer can not be reimbursed for these fees, either. That's the law!

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If your employer is not willing to sponsor you, it is likely that your job is such that there are many available USCs and LPRs willing and qualified for it and PERM would not go through. An employer with an employee possessing valuable and scarce skills would want to keep him/her and, thus, would file.

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yah i paid everything...not that i knew that it was illegal...i wouldnt have done anything like that if i was aware of the same back then...sometimes ignorance can be a bliss.

enough, just stop it. You have agreed that you did illegal things to get your GC and now started claiming that I am innocent.

Now that you know that's illegal are you ready file a complaint against that employer?? Now don't come up with some excuses.

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yah i paid everything...not that i knew that it was illegal...i wouldnt have done anything like that if i was aware of the same back then ... sometimes ignorance can be a bliss.

Ignorance may be bliss, but it does not make it any less fraudulent. Willfully / knowingly breaking of the law, ignoring the law, and ignorance of the law are treated the same. There is also the concept of "fruit from the poison tree" and benefiting from an illegal act. Since there was an illegal act in obtaining the PERM labor certification application approval, it could be revoked for fraud. It then could not be used to for the subsequent I-140 petition, and then the I-140 petition could not be used for the I-485 adjustment of status. In other words, the USCIS could revoke your permanent residency (green card) for fraud, and there are no statue of limitations on immigration fraud.

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What should have "freaked you out" is any suggestion or demand from the employer to pay for PERM.

It is now a bit late to be "freaked out." Actions have consequences. Law-breaking has consequences.

You need to see a really good immigration lawyer!

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  • 4 weeks later...

yah i paid everything...not that i knew that it was illegal...i wouldnt have done anything like that if i was aware of the same back then...sometimes ignorance can be a bliss.

Omshiv: This guy is funny. You know when does this guy bs around? everytime he types on this forum..

All he know is to scare people and hate people and get some attention..seriously, he is funny.

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