Can a county government file a petition for a current employee under an expired work permit? 9 Answers as of January 03, 2012

Yes, the county government can file an H-1B on behalf of the employee. There are other variables to be considered. The employee or the Agency will need to contact an Attorney that will assist them with the process. It is important pay attention to expiration date on the employee's work permit and start the process immediately or soon there after.

For employment visas you must be in status to extend.

They can file for them and get them a place in line but most likely the individual will not be eligible to adjust status in the U.S. unless a prior filing made on their behalf or for their parent prior to April 30, 2001.

It may be possible. It sounds like this employee had some sort of petition filed for him prior to the expiration of section 245(i) of the Immigration and Nationality Act, which allowed individuals to pay a penalty and adjust status, even if they were no longer in legal status. Individuals who meet certain requirements may be "grandfathered" under that act and could still be eligible. It's important for the foreign national and the employer to meet with an immigration attorney to explore their options.

Unfortunately, there is insufficient information to assess the matter. The county government may be able to sponsor the individual, but we would need more information to determine if the alien is eligible for any immigration benefits.

You should consult an attorney. It is unlikely that an employer can sponsor you if you have been here in unlawful status for so long. You have probably triggered a 10 year bar.

You are going to need to show the expired documents to an immigration attorney - a work permit is issued for one year increments, and is not likely to be what the employee truly has.

There are many issues here. If you have been living in the U.S. without authorization for awhile, it can be a problem. We need more information about about the work authorization that you had.

Yes, if they filed for him before April 30,2001.