Employer Sponsorship

Has anyone successfully obtained permanent residency through employer sponsorship from being a DACA recipient ?

I highly doubt it.
The issue is that you can't adjust your status unless you have a 245i exemption if you are undocumented. Keep in mind that this is not like marriage where you can be a visa over-stay and adjust your status. Also, even if you were hear legally (ie. an international student), there is a whole set of rules that have to be followed for the employer to prove that they tried finding a citizen.

I almost had a shot at this actually before the cutoff date of the 245i rule but I didn't have a degree yet.

Yes, it’s absolutely possible. But with a I-601a waiver and consular processing. There may be other ways, but this is the way I know works.

Deiguer was able to do it. See here: http://dreamact.info/forum/showthrea...095#post766095

I’m currently in the process now. My EB-1 has been approved. Now I’m waiting on the I-601a waiver, which has been taking a long time to process.

First you get your I-140 approved under Eb1 or Eb2 or for whatever you qualify for. Then you need to prove you have US citizen/GC holder parent or spouse that would have an extreme hardship if you were no longer in the US. If that gets approved you would go back to your country of birth to conduct the final interview which is called consular processing. If you have no unlawful presence accrued due to daca then I believe you would just need consular processing after getting the I-140 approved. Also, companies hire lawyers to do the i-140/labor processing, and they would know what to do tj get the I-140 approved.

Again there may be other ways. I only found out about this when I finally talked to a competent attorney. This group also helped a lot!

There's 4 options:

1. Get DACA before turning 18 and 180 days old. In this case you won't have enough unlawful presence to trigger a ban: Get the I-140 approved. File DS-260. Get your interview date. Leave. Attend your consular interview. Get your immigrant visa. Come back.
2. I-601A waiver - you need a USC or LPR parent(s) or spouse who'd suffer extreme hardship from your absence. In this case get the I-140 approved. Pay for DS-260. File I-601A. Get the I-601A approved. File DS-260. Get your interview date. Leave. Get your immigrant visa. Come back.
3. 245(i) - this one requires that either you or a parent while you were under 21* or spouse was petitioned in any category or had a labor cert filed with DOL, on or before April 30, 2001, and if after Jan 14, 1998 also physically present in US on Dec 21st 2000. In this case you can file I-140 and I-485 concurrently. Include I-485 Supplement A and evidence of 245(i) coverage and pay an extra $1000 fine and you get to adjust in US.
4. You were admitted in some status for "duration of stay" as denoted by a D/S on the expiration date for your I-94. E.g. F-1/2, J-1/2 (might be subject to foreign residency requirement), M-1/2, and maybe some others. Basically the clock for counting unlawful presence doesn't start until either USCIS or an IJ formally finds** that you violated your status in course of a benefit application or in removal proceedings, in case of which it starts counting the following day giving you 180 days to get out before bans kick in. In this case you'd basically get the I-140 approved, file DS-260, get your interview date, leave, go to the consular interview, bring the copy of relevant regulation and proof that you were admitted for D/S, get your visa, and come back.

* - Big asterisk. Immediate relative category does not allow derivatives. So you won't get 245(i) coverage if for example a USC spouse petitioned for your parent unless said spouse also petitioned for you independently as a stepchild. This also applies for example if a USC sibling petitioned for your mutual parent without filing a separate F4 petition for you. Or if a USC grandparent petitioned for your unmarried 20 year old parent (no petition that could cure this deficiency at the time exists).

** - Formal finding basically only means the following:
1. You filed for something with USCIS (like AOS) and were denied.
2. IJ ordered you removed or gave you a Voluntary Departure order.
Nothing else causes the clock to start ticking for those admitted for D/S.

Wall of text. If you think any of those apply to you I can give you more information depending on your specific circumstances.

Just privately messaged you!

My employer was able to file for my H1B with me being on DACA. I won the lottery and received H1B approval but based on my understanding, to actually utilize the H1B I would have to do counselor processing and leave the country. That would require a I601 waiver. This is like option #2 demise mentioned. I never ended up pursuing that route after my H1B notice came.

I-601A can only be used for immigrant visas.

I don’t remember what the logic/ reasoning was for my employer’s law office but they insisted on filing the H1B and I let them do it. My mother has a GC and I am married to a USC. They felt it was better to have a backup. I never used it though. . I would trust your knowledge on this question.

Technically once the waiver is approved you the bar goes poof and you are free to immigrate however, but the thing about I-601A is that you only get a "provisional approval", it doesn't become a proper approval until the consulate issues you your immigrant visa.

Full I-601 could be used that way, but it requires you to depart first and wait abroad until it is approved.

But then again, you need an immigrant visa petition anyways, so yeah I am confused here too.

so not to throw fear into the situation, my uncle is married to a us citizen and went back to do the consulate interview and they delayed it for about a year and half already.