QUESTION

I would like to apply for a green card. My employer has told me that they don't have enough funds to sponsor for now.

Asked on May 01st, 2014 on Immigration - Indiana
More details to this question:
But they said they can support through the process as needed as long as I would be spending the money. So please let me know if I can sponsor for Employment based green card. I'm a full-time staff in H1B visa in a University. My position title is 'Programmer Analyst' and it is a permanent position. I've got my MS in USA in Electrical and Computer Engineering and I'm also continuing with my PhD (with only dissertation pending). Please let me know my options.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
From your job title and qualifications, it appears that your employer would have to go through the PERM process for your immigration. That is a labor certification process under which you would only be able to immigrate if the University is able to demonstrate that there are no able, willing, qualified, or available U. S. workers for the position. Under Department of Labor rules, the employer is responsible for payment of the labor certification part of a permanent residence case. The University would be in violation of the law if you paid for legal fees or expenses in connection with the labor certification. I suggest that you make the University aware that it must pay for the labor certification part although you may be able to pay for the subsequent parts of the green card case, such as the I-140 immigrant visa petition and I-485 adjustment of status application (if you choose to adjust status rather than consular process your case). Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 17th, 2014 at 4:56 PM

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