Problem starting Green card - Help


ppuriggappa

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Posted

Hello,

 

I work in higher education on a cap-exempt H1B visa. My employer is willing to sponsor my green card. They posted the position as a prerequisite to file LCA, but among several other unqualified candidates, they found a US citizen who was able and willing to accept the position. My employer's attorney said that they cannot proceed since they found another equally qualified candidate. I am not sure how to approach this any more. My manager thinks we can try posting it again after waiting for a little bit. But I am concerned that someone else might show up willing to take the position, setting us back to sqaure one. I only have 1.5yr left on my H1B.

Could anyone please share your experiences in such situations or suggest how to approach this.

Posted

An employer-sponsored GC is only possible if there is no qualified American or LPR willing and able to take the job. That's always the risk with an employer-sponsored GC.

You need to sit down with a good immigration lawyer and have a frank talk and have your situation analyzed.

You may be better off finding another employer.

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