Employment Sponsorship???

What are the chances of my employer being able to sponsor me? I work for a big automotive manufacturing company, as a Lead Technician for the aluminum metal repair team. I pretty much do bodywork on aluminum panels which is a skilled trade and I work on aluminum cars which is pretty rare due to the fact that most cars are steel and not aluminum. So you can say that there aren't that many body men out there with experience with aluminum that can easily replace me. I am a big part of daily operations here in my department and I am the lead technician, therefore, I am always training new repair technicians in this field. I plan on meeting with the immigration team soon to discuss my chances. I just wanted to get your opinion on this first. I do have DACA which will expire late next year by the way.

Thanks in advance...

How did you come to the USA?

What company do you work for... you can PM me if you want.

If you've accrued unlawful presence or have engaged on unauthorized employment, you can't AOS on an I140, so you'd have to do consular processing and will need a I601A waiver.

You are not ineligible for sponsorship just because you have DACA, your employer can sponsor anyone and try to make a case to get their I140 approved, if that person can't later AOS, is money dead in the water. Getting the I140 approved is the easy part. That being said, your employer's lawyers might deem your situation too risky and pass that to your employer, which in turn might deny you sponsorship. It all depends on the following: Since the date of your last admission you gotta be 1) legally admitted 2) have no unlawful presence 3) have no unauthorized work. AP clears 2 and 3 but it's not considered admission.

So if one was legally admitted with a Visa and overstayed but recently went out of the country and came back with AP, one could be eligible for sponsorship?

I thought that in addition to this, you need to have legal status. Like, either a 245i grandfathered waiver or a visa available.

People are failing to mention the most important part about AOS via EB visas. You must be in legal status in order to AOS via employment! And, unfortunately, DACA is not and does not qualify as legal status...even though while your EAD is valid you are not accruing unlawful presence.

In order for us, with DACA, to benefit from an employment sponsorship for AOS you would need to be a beneficiary or derivative beneficiary of the 245(I) provision of LIFE Act. Meaning some type of family based petition or employment PERM Cert was filed on or before 04/30/2001 and the person that filed was physically present in the US on 12/21/2000.

I forgot to mention that when I came to the states in 1990 (EWI) my dad a green card holder had put it a petition for all of us. However, I'm not sure what exactly happen and nothing happened with that. Soon after my mom left my dad and that petition pretty much died. I think I do have paperwork for the original petition back in the day which is just a receipt from USCIS. I'm not sure if that can help or not

That won't work. Read my last sentence.

No ones is failing to mention anything. I outlined the 3 conditions in my response. You have to have been legally admitted and lawfully present, the latter is what DACA gives you. The problem is that most people with DACA haven't been legally admitted and have gaps of unlawful presence, which disqualifies you for AOS and it's something AP doesn't clear. However, you can apply for a I601A waiver and go through consular processing. He's asking whether or not he can get sponsored, the answer is yes. Whether he qualifies for AOS or consular processing with a waiver is another issue.