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DAP Forums > DREAM Act > The Lounge

Can Our Employers Sponsor Us?

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#1
02-08-2013, 11:43 PM
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I was recently hired at an amazingly awesome company that does adjustment of status to non-citizen workers after three months of working. I have two more months until I qualify; however, since I was approved through DACA can my company really adjust my status?!
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#2
02-08-2013, 11:45 PM
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FlyinAgainstTheWind
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Not sure you would have to speak with a lawyer since we are not under any type of visa.
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#3
02-09-2013, 04:23 AM
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^ definitely speak with a lawyer, but i highly doubt it. Employer based AOS is extremely hard, the position would have to be so unique that there would be a strong case as to why they cant fill your position with a USC. Anyways, we tried to employer based AOS many years ago (when we had valid visa, ead, etc...) and our attorney told us it would be too difficult.
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#4
02-09-2013, 05:13 AM
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Hmm I am not sure...... DACA is not a visa and the rules are very clear that DACA does NOT provide a path to ANYTHING. SO I would think it would not. That being said, employers HATE doing this its a EXPENSIVE LONG complicated process.
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#5
02-09-2013, 01:24 PM
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lvarea
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Quote:
Originally Posted by MDxOD View Post
^ definitely speak with a lawyer, but i highly doubt it. Employer based AOS is extremely hard, the position would have to be so unique that there would be a strong case as to why they cant fill your position with a USC.
I agree with this.
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#6
02-09-2013, 02:19 PM
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Quote:
Originally Posted by DACA_Billionaire2be View Post
I was recently hired at an amazingly awesome company that does adjustment of status to non-citizen workers after three months of working. I have two more months until I qualify; however, since I was approved through DACA can my company really adjust my status?!
Well being in US illegally prevents you from adjusting in US, unless:
You're covered under 245(i) - meaning you or a parent of yours (while you were under 21) had a green card petition or a PERM labor certification filed on your/their behalf on or before April 30th 2001 and you can demonstrate the person for whom the petition was filed was physically present in US on December 21st 2000.

Consular processing might be an option however, if:
You applied for DACA before you hit 18 and a half so you're not subjected to the 3/10 year ban (as time spend in DACA doesn't count towards the ban, and in cases of people who applied under age 18.5 also the time during which DACA was pending), however you'll most likely have to return to your country of origin and undergo consular processing over there, or at least finish it there.

For example if you're being sponsored in the EB-3 category (Skilled worker), and the wait is currently about 6 years, your employer could go through the whole process of PERM labor certification, file I-140, wait for priority date to become current within US while on DACA (assuming it does get extended for that long), leave US once it becomes current and undergo consular processing abroad.

EB-2 process is about the same, just no wait (with exception of China and India), and without a 3/10 year ban you'd have to leave once the I-140 gets approved and then undergo consular processing.

Alternatively H1-B visa is also an option to wait while the EB-3 is pending, however once again you'd likely have to leave US.
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Last edited by Demise; 02-09-2013 at 02:26 PM..
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#7
02-09-2013, 02:34 PM
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TexasDreamy
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If the company already does sponsorship, they probably already have lawyers to do all the filing..
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