Received Approval From Employer To File For GC

[patchrowcester]

I have received an approval from my employer today to begin my green card filing process. I have a few questions

1. I want to hire murthy law firm to file for my green card. so should I start by sending them an email, or should I call them? I am just not sure how to proceed.

I have asked this question before, but I want to know if any rules have changed in the past few months that will have any impact on this issue. Here is some background.

I am an Indian citizen, I am married to a Norwegian citizen (an ethnic Norwegian, not a naturalized citizen). I hold a full time job (not with a consultant). My wife is on a H4. She is NOT employed. I am the primary applicant.

Here is my question:

2. When I file for the green card, I understand that the Indian quota is lagging behind, but the quota for Norway is current. Would it be possible for me to use Norway as a country of chargeability?

3. Would this help speed up my GC process?

3. Does anyone know if Murthy law firm is experienced in dealing with such a case?

Any information would be much appreciated.

Thanks!

[t75]

YOU cannot file for a GC. Your employer must initiate the process. He can certainly hire Murthy firm which is highly respected in this area of immigration practice.

Read the USCIS documentation.

[patchrowcester]

YOU cannot file for a GC. Your employer must initiate the process. He can certainly hire Murthy firm which is highly respected in this area of immigration practice.

Read the USCIS documentation.

Here is the thing - my company has their own attorney, and I did not want to go through that firm because from what I know, they do not have any experience in dealing with the cross chargeability etc.

Well, my employer told me I could find an attorney myself, and that they would give whatever paperwork they need to the attorney who is going to handle my case.

This is the reason I wished to find out if murthy law firm would handle my case.

So should I have someone from my office call murthy law firm? What is the procedure?

Thanks.

PS - also could someone answer my questions on the cross chargeability issue?

[pontevecchio]

1. Call them. 2.3. YES 4. Yes.

[JoeF]

Even if you get your own lawyer, the employer, at least for the PERM, has to pay for the lawyer.

[patchrowcester]

Thank you very much for your response.

Even if you get your own lawyer, the employer, at least for the PERM, has to pay for the lawyer.

Yes, I just dropped by the HR office and told them that the employer needs to pay for the attorney fees and what not during the first stage of the process.

I hope the murthy law firm doesn't charge over what my employer is willing to pay.

I have an appointment tomorrow to discuss this. Hopefully it all goes well.

Thanks guys.

[t75]

I suspect that your employer's attorney can handle the situation and you are worrying needlessly.

[catx]

I would expect that your employer and their attorney will handle the first step in the process, the PERM labor certification application, as that is, and has to be by law, 100% the employer's process and expense (as JoeF stated in his post). From there (upon approval of the PERM labor certification application) you and your employer can discuss the subsequent steps (e.g. I-140 petition). You may find that all you need from an immigration attorney you work with is advice and guidance, and the employer's attorney can handle all the actual paperwork, filings, etc.

[patchrowcester]

I felt that going with one firm that is experienced is a better idea. They would know my case would have an idea on what is in my best interest.

You guys could be right about the PERM process though. I am going to speak to the attorney today and hopefully that will clarify my doubts.

Thanks.

[patchrowcester]

Here are the questions I asked the attorney and the answer I got. Hopefully this will help someone looking for answers:

1. I am an Indian citizen, married to a Norwegian citizen. I am the primary applicant. Will cross chargeability apply to me?

Yes. It will.

2. Is there any way USCIS could deny us cross chargeability even though my wife is my dependant?

No. This is not a matter of interpretation. This is the law.

3. How does the process work?

A bright colored note along with the application is sent to USCIS asking them to apply cross chargeability. This is prepared by the law firm.

4. I have a 3 year B.Sc + 3 year MCA + US Masters degree. Will I still be eligible for EB2?

Yes. As long you have a Us Master's degree, you are qualified for EB2.

5. During what stage of the green card process should my wife be here with me? She is a student in Norway.

She needs to be here to physically submit the I-485 application. After that she needs to maintain active status. If she is going to be away for an extended period, she needs to get a re-entry permit.

6. We got married in the US, would that be OK?

Yes. As long you have a marriage certificate, you should be fine.

So that seals the deal. I contacted the law firm, and they quoted the price, I am waiting to hear from the HR to proceed.