朋友之前通過雇主同時辦EB3和NIW。EB3因為公司律師搞錯了,中間重新file, 拖了兩年現在也沒有申請PERM。NIW已經交了, 但她擔心自己條件不夠(金融碩士,>5 yoe),會被RFE。現在這種情況,請私人律師還來得及嗎?朋友現在是離職狀態,但雇主公司把她放在payroll上直到6月,她還能不能讓公司給她打廣告,遞交PERM申請,然後把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.
還是這些都是找私人律師更好?
-Don't see a difference. The case is simple and any licensed immigrant lawyer can handle it.
十分感謝!