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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10896
Experience:  Write FOR JAMES to get my help!
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HiJA: . What seems to be the problem?Customer: are

Customer Question

hi
JA: Hello. What seems to be the problem?
Customer: are you avialable
JA: No. I'm the Immigration Lawyer's Assistant.
Customer: yes the problem is my company is filing perm but i got laid off
JA: The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: so I wanted to continue the perm process but they are continuing it
JA: Please give me a bit more information, so we can help you best.
Customer: Yes so the perm application I would like to continue but the company's attorney is asking them to withdraw
JA: OK. The Immigration Lawyer will need to help you with this. Is there anything else the Immigration Lawyer should be aware of?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. More important is your underlying legal status. Are you currently on H-1B? What are you doing to maintain your legal status?
Customer: replied 7 months ago.
I am currently on H1b and working with company. They were doing my perm application but I got laid off. I would have got approval in 4 months time .With the new company i have to restart the process. Any recommendations?
I have heard that the company can still continue the process if they promise future employment when I get GC. How should I convince my company to do it.Thank you
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
An approved PERM is not really useful for you to stay. And you cannot transfer PERMs nor I-140s. IF you had an I-485 pending longer than 180 days, that you could transfer to a new employer without starting over again but the PERM filed by your former employer and an I-140 filed by them is only for them. Has a new company filed an H-1B transfer for you before you came off payroll with your former employer?
Customer: replied 7 months ago.
No longer need your service
Customer: replied 7 months ago.
looking for another expert
Expert:  Expert James replied 7 months ago.
Hi there, I am a new Expert. Please provide me some time to review your question. Yes, even if you lost your H1B employment, the company can continue to pursue your green card through employment (i.e., PERM and I-140). Why? Because those are for a future job offer. But the catch is, they need to continue to intend to employ you in the future in order to continue the PERM and I-140 process. Moreover, only they can decide whether they will continue the process o pursuing an employment based green card (PERM and I-140) for you. You cannot force them to do this. Remember, the employment based green card is meant to fill an EMPLOYER'S need for your services, where they are able to prove that there are no willing and able US workers to fill the need. The purpose of the employment based green card process is not intended to benefit or fill a foreign worker's desire to get green card. That is just a convenient outcome of the employer's need. I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge. And if you want to talk on the phone for 30 minutes, I can send you an offer for that. Once you have received an answer, please leave a positive rating by choosing on the 3, 4 or 5 stars so I get credit for doing my job. A BONUS is also appreciated, if you feel I've earned it. And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category. Thank you!

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