Can an employer sponsor me for an employment based green card

Can an employer sponsor me for an employment based green card while I am here in the U.S. on a B-2 visa?

Filing an employment based green card petition is a lengthy and complicated process. If the petition is an EB2 or EB3, then it would have to follow a PERM approval which in itself takes anywhere between 6 months to a year. Hence it is not possible that this process will be completed while you are still in the country on B-2 visa. If the petition is an EB1 category then you would not need a Labor Certification but the employer will be filing an I-140 and I would assume since the priority date is current for that category you would want to file an I-485 for yourself. Filing this application shows immigrant intent and the filing occurs within 60 days of entry into the country, it raises a suspicion that you entered the U.S. with the wrong intent.

If you have any questions regarding Green Card, feel free to reach our Law Firm at +1-212-245-70 70 or [email protected] email address.
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