Transferring from permanent position to contract position with same employer for GC sponsorship

[hello2vishal]

Hi,

 

I have a permanent position with my current employer (Emp1) but they are not willing to sponsor my green card.

 

But, they are open to hiring me as a contract worker for the same position.

 

If I am able to find a job consulting firm, which is willing to sponsor my green card and is also willing to contract me to my current employer (Emp1), would there be any legal/technical issue in getting the green card processed?

 

Please suggest. 

 

Thanks!

 

V

[shandan]

If your question is can a staffing company file for GC, then the answer is if they have a genuine job opening and they are not able to find a citizen or LPR for it, then yes they can file GC for you, but that is not just staffing company can be any genuine company.

 

But, if your intent is to have the consulting company file GC for to keep working for Emp1 and even post the approval of GC, then that would be illegal. As you should be willing to join the sponsoring employer with an intent to work "indefinitely" for them upon the GC approval that is the intent of the law.