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Andrea
Andrea, Lawyer
Category: Immigration Law
Satisfied Customers: 12554
Experience:  25 yrs Immigration Law, Real Estate & Business Law, Family Law, Criminal Defense, Employment Law
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I applied I-539 application to extend last August 2015 and

Customer Question

good day! i applied I-539 application to extend last August 2015 and the result is not yet out. In connection to that, there's an Employer who is going to sponsor me for a non cap working visa. My question is, can the employer file and petition me even if the the results of my I-539 is not yet out?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Andrea replied 11 months ago.

Hi, and welcome to JustAnswer, My name is ***** ***** I will be glad to assist you and the only thing I ask of you is to leave a positive rating which will not cost you anything additional, but it is the only way that JustAnswer gives me credit for the time I spend with you, Fair enough ?

To Answer your question, the employer can file the Petition on your behalf, but in order to get approval from the USCIS, they require that your stay in the US is legal at all times and that you are not "out of status". So your first step should be to find out why there is a delay in approving your application to extend your stay in the US, so that your status in the US is, at all times "legal" and that the USCIS does not find that you are "out of status" at any time during your stay in the US.

In order for you to legally work for the employer, the employer will have to help you get a US Labor Certification so that you can legally remain and work in the US. But, in order for the USCIS to issue this Labor Certification, the USCIS requires that you remain in legal status in the US because the USCIS will not issue a Labor Certification to any person who does not have legal status in the US.

Therefore, the first thing that you must do is to contact the USCIS and ask them the reason for the delay in approving your I-539 Application to extend your stay in the US. It is very, very important that you determine the reason for the delay and to ask if there is anything that they require of you in order to approve your application. The USCIS requires that your stay in the US remains legal at all times. If the USCIS finds that you are out of status, it will not approve your employer's Petition they will not approve your request to work in the US.

If you have any questions or ned further clarification, please let me know and I will be glad to explain further.

If I have Answered your question, please leave a Positive rating so that JustAnswer will give me credit for Answering your question,

Thank you,

ANDREA

Customer: replied 11 months ago.
But is it ok if my employer will sponsor me even if the result is not yet out? Or they will have to wait for it to come out?
Expert:  Andrea replied 11 months ago.

HI, and thank you for your follow up question and the opportunity to assist you. The employer can still sponsor you, but the application will ask the employer if you are presently in the US and if so, if you are here legally and the answer will have to be "no" because the USCIS has not yet approved your I-539 application to extend your stay in the US. The employer can fill out the application, but he should not submit it to the USCIS yet until you find out the reason for the delay in approving your I-539. It would not be a good idea for the employer to submit the Petition yet because the Petition will serve to inform the USCIS that you are presently "out of status" and this might result in your application being rejected by the USCIS. So, your first priority is to determine why the USCIS has not approved your I-539 Application and correct any problem that exists. The USCIS generally will not approve an application for any individual who is present in the US illegally.

If you have any questions or need further clarification, please let me know and I will be glad to explain further.

If I have Answered your question, please leave a Positive rating so that JustAnswer will give me credit for Answering your question,

Thank you,

ANDREA

Customer: replied 11 months ago.
I have received notification from the USCIS that my I-539 has been transferred from Vermont Service Center to California. Originally my papers were received by Vermont on August 26, 2015 and by December 18 California Service Center received it. Any thoughts about the transfer of my I-539?

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