H1B- GC Issue

[jimis]

The employer promised to file GC at the time of hiring on H1 B, now after 4 years he refused to proceed . The reason he is saying that he got many US applicants in response to the advertisment published for filing PERM,after prevailing wages have been approved.

I still have H!B and H4 for spouse and children for two more years and the yearly job contract has been renewed till 2013.My children are in college and they can not leave in between the career.

what options are available for me, please advise

[shandan]

I really feel for you, but unfortunately if what your employer said is true, then they really cannot move forward with your application. Best bet would be to look for another employer who can sponsor GC for you.

Good Luck.

[JoeF]

If there are qualified applicants responding to the job ads, then the GC process is over.

The LC is required to show that there are no other applicants. Only then can the GC process go forward. If there are other qualified applicants, the case is over.

[catx]

If what your employer said is true, then they really cannot move forward with your application.

If your position + skills do not support a PERM application for labor certification, i.e. there are equivalently qualified U.S. citizens available to apply for the job, then there are few, if any, options. (Note: This is the exact intend of the employment based permanent residency (green card) immigration process. Only those aliens with skill sets needed for positions for which there are no equivalently qualified U.S. citizens available can be approved for a green card. An alien working in the U.S. with an H-1B visa by itself does not qualify for permanent residency.)

As for children in college, you can switch them from an H-4 visa to an F-1 visa so they can finish their studies and get their degrees. I had to do that for my son when he turned 21 this year and “aged out” on his H-4 visa. It was a fairly straight forward process other than the proof of funds. The college international students office (which you will already be working with under an H-4 visa) can assist in the process.