朋友之前通过雇主同时办EB3和NIW。EB3因为公司律师搞错了,中间重新file, 拖了两年现在也没有申请PERM。NIW已经交了, 但她担心自己条件不够(金融硕士,>5 yoe),会被RFE。现在这种情况,请私人律师还来得及吗?朋友现在是离职状态,但雇主公司把她放在payroll上直到6月,她还能不能让公司给她打广告,递交PERM申请,然后把h1b延一年?
-Technically, yes. If the employer will hire her back after she gets the green card, the employer can file PERM and I-140 for her even if she does not work for the employer currently. So, talk to the employer.
By the way, if she worked in H-1B status for less than 6 years and her H-1B I-94 does not expire yet, she needs to find a new job within 60 days and then, do H-1B transfer. Otherwise, she needs to change her status to another category such as F-1 so that she can legally stray in US.
还是这些都是找私人律师更好?
-Don't see a difference. The case is simple and any licensed immigrant lawyer can handle it.
十分感谢!