Can a county government file a petition for a current employee under an expired work permit? 12 Answers as of July 08, 2013

The employee was hired under a work permit in 1986 and permit expired now after working for the same employer for 18 years.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
It is indeed possible, if you had an employer who had qualified for a labor certification before April 30, 2001. You would qualify for adjustment of status under section 245i.
Answer Applies to: California
Replied: 6/29/2012
Adesina Law Office, P.C.
Adesina Law Office, P.C. | Adebayo Adesina
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.
Answer Applies to: Illinois
Replied: 1/3/2012
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
For employment visas you must be in status to extend.
Answer Applies to: Nevada
Replied: 12/30/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
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.
Answer Applies to: California
Replied: 12/30/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
There is simply not enough information in this post to answer this question. A work permit from 1986 sounds like old amnesty. Is it a work permit or is it a greencard? If work permit, what was the basis? County governments are going to ask a lot of questions prior to sponsoring so it would be better if a consult with an experienced and knowledgeable immigration attorney occurred first.
Answer Applies to: Virginia
Replied: 7/8/2013
    Theresa E. Tilton, Attorney at Law
    Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
    There is not enough information in this question to give an adequate answer. What kind of work permit was it, who was the original sponsor, and when did the work permit expire? The county government, as the employer, should pay experienced immigration counsel to sort this out.
    Answer Applies to: Washington
    Replied: 7/8/2013
    Matthew I. Bernstein, Attorney At Law
    Matthew I. Bernstein, Attorney At Law | Matthew Ian Bernstein
    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.
    Answer Applies to: Illinois
    Replied: 12/29/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    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.
    Answer Applies to: New York
    Replied: 12/29/2011
    Bell, Nunnally & Martin, LLP | Karen-Lee Pollak
    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.
    Answer Applies to: Texas
    Replied: 12/28/2011
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    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.
    Answer Applies to: Washington
    Replied: 12/28/2011
    Law Offices of Alan R. Diamante, APLC
    Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
    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.
    Answer Applies to: California
    Replied: 12/28/2011
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