My employer applied for a green card for me. I'm waiting for PERM approval (It's been 6 months since it has been filed). I didn't get h1-b in the lottery. My OPT expires in 2 weeks.
Question: If I go off the payroll, can my employer file for I-140 (i.e. continue the green card process) anyway? Or if I go off payroll means that I'm losing my green card application?
Thank you very much!
What has payroll got to do with any of these petitions?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
I am also befuddled with the payroll relationship to the facts laid out in your post.
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.
Even if you leave the US, which may be a good idea, your employer can still continue the green card process for you. Please see https://www.avvo.com/legal-guides/ugc/green-cards-through-employment
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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