What to do if I want to apply for my greencard through my employer?

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What to do if I want to apply for my greencard through my employer?

Currently, I am on my H-1B extension (2 more years before it expires). I am an accountant at a big accounting firm. My firm tells me they are willing to do my permanent application in 1 year but I would like to see if I can get this process started earlier. Can I get the process started now if I pay the attorney fees and get the firm to give me the ok with respect to the labor certification (I suppose they have to file/advertise that)? How long does it take for an accountant to get a certified greencard?

Asked on November 19, 2012 under Immigration Law, Georgia

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The employment-based permanent residence petition is an employer-driven process so even if you get an attorney, the attorney still has to work with the employer to get the process started.  It is not possible to do it without the employer's cooperation and participation.  Under the laws, the employer is responsible for all fees and costs associated with the initial PERM stage of the employment-based process so you would not be able to just pay an attorney and get the process expedited.  However, if you approach the employer and explain your reasons for wanting to get the process started sooner, they might be amenable to that if they are not against the petition process in and of itself.


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