I switched jobs to a Company in Houston on the promise that they would apply for my green card. I had asked them to state that they will do so in my offer letter. This is from said offer letter...
"COMPANY would like to sponsor you for permanent residency process under the appropriate employment‐based immigrant visa category. To be eligible for application of permanent residency, you must must have
obtained your Department Manager's approval. The Company will only sponsor employment based Permanent Residency. You shall sign a green card reimbursement agreement to refund any legal fees and out of pocket expenses incurred by the Company on your behalf in the event you voluntarily terminate employment with the Company within 24 (twenty four) months."...
The process was started in 2012 and I had signed the green card reimbursement agreement and had my department manager to approval to begin the process. I have had my PERM and my I-140 applications approved since then and the last step is the AoS (Adjustment of status / I-485). The company now refuses to file my I-485 and will not allow me to file the petition myself either (Company is withholding I-140 and EVL).
Well, it appears that the company's is stalling you. The next legally appropriate thing to do is meet with a local immigration counsel to discuss your plans to remain in the US CONFIDENTIALLY.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
I-485 is your adjustment of status application. You file it and pay for it. Employer is only responsible for PERM and I-140 related fees, not the I485.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Keep in mind:
It is NOT your PERM ... it is the property of the company
It is NOT your I-140 .... it is the property of the company.
No, unless they agreed to pay for the I-485, it is up to you to pay the lawyer and CIS fees ... or persuade them to do it.
Talk to an attorney in private, many of us use Skype.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline