My H1B is expiring at the end of the year and soon to apply to extension. I wanted to explore options for permanent residency and got this shocking information.

In a nut shell, I am being told our university only offer permanent residency to tenure track faculty. When I started working, I was lead to believe that I can be sponsored under "specialty occupation" and for that reason I did my best to complete my masters as soon as possible to increase my qualification.

I tried attaching documents, but could not and now pasting some of the relevant information.

This is the newsletter and it says "XXXXXXX State only supports and sponsors employment-based permanent residency applications for full-time, tenure-track faculty positions."

Initially I was told this:
From: XXXXX
To: XXXXX
Date: 8/15/2008 1:35:14 PM
Subject: Re: H1B visa process

Dear XXXX,

Here is some preliminary information on H1B visa process.

H1B visa sponsored by XXXXX State University

ELIGIBILITY
• Generally, XXX will file only for full time (100% time plus benefits) employees with an initial appointment of at least one year.

• XXX sponsorship for H1B status is available for positions that support the academic mission of the university, such as faculty, and are considered “specialty occupations.” This requires a minimum of a bachelor's degree and theoretical and practical application of highly specialized knowledge in a specific field of endeavor.

• XXX may also, in special circumstances, file for classified employees holding technical positions, as long as the position meets the definition of a “specialty occupation.”


Other documents to include in an H1B petition are diplomas, transcripts and licenses, all of which are designed to show that the foreign worker is qualified to perform the responsibilities required for the job.


Please visit XXX International Faculty and Staff page for more information about:
H1B Visa Processing, Permanent Residency Processing Tax Information and Instructions If it's convenient for you, we can schedule a meeting to go over the details and questions.

XXXX XXXXX
Employment Visa Specialist
[email protected]

Human Resources
Xxxxxxxxxxxx State University





>>> 08/14 4:51 PM >>>
Hello again Xxxxx,
I apologize to bother you again, even before giving you a chance to reply on my first question.

I have done some Research and was wondering what options I have. The most appealing option seems to be Green Card through employment based on EB 3 which is typically used for, but not limited to, the following occupations: Computing & IT, Telecoms, HealthCare, Medical, Finance, Accounting, Banking, Teaching, Legal, PR, Marketing, Advertising, Sales, Business Admin / Management and Engineering (all types).
I am an Accounting graduate class of 2007 and I am working in my field, I was wondering if you could kindly suggest me any recommendation.
Your input will be greatly appreciated.
Sincerely,





Bursar's Office Customer Service Survey:
http://www.Xxxxxxxxxxxx.edu/bursar/survey.shtml

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Now out of no where, I am being told they only sponsor faculty.

I would appreciate, if any one can tell me what to do and if my employer (state University) can do that to me.

Thanks.

What do you have in writing concerning the policy as you understood it then and the policy (in writing) which has been furnished to you now?

No policy was ever given to me, I only have emails. One is posted above, as you can see I asked (on >>> 08/14 4:51 PM >>>) our HR personal about my options and HR replied (Date: 8/15/2008 1:35:14 PM).

Recently I had asked, since I have worked almost 3 years, could they apply for my permanent residency and I received an email telling me basically saying no they won't. Later, they published information in a newsletter. I cropped the information from the news letter and posted in my questions - first quote.

I am also posting some of the email content I recently received i.e. "Also, keep in mind that XSU only does permanent residency petitions on behalf of tenure-track faculty. Once your 6 years of H-1b is over, therefore, your employment at XXX will terminate. You are absolutely prohibited by XX state law from seeking an outside immigration attorney to file an employment-based immigration visa in XXX's name."

Please help.

Note that this info begins with "generally." I see no promises here, only what could/would/should happen.

It is unfortunate but absent a specific written agreement, yes, they can do "this."

This is from your posting, and nothing else. You have a misunderstanding of the law, as I read the newsletter and your initial letter. The two do not conflict. You may be confusing the term "sponsor", as that term is used for both nonimmigrants (H-1B) and for employment-based permanent residence (green card).

The newsletter clearly relates to "employment-based permanent residency", and your initial letter is for the H-1B. They are not the same; and according to the USCIS, unrelated.

Your H-1B position is a specialty occupation as noted in the initial letter. The subsequent newsletter is equally clear, that it is university policy to only apply for permanent residence for tenure track faculty. this is very common. As a point of clarification; any employer, including the university, can file for permanent residence through labor certification, for many positions, including accountants and landscaping crew managers. The university chooses not to.

The second posting is also a true statement, that their policy is to prohibit outside immigration counsel to file for you on behalf of the university. The University is the one that approves the filing, and apparently the immigration counsel.

You should check the other emails you refer to in your posting as they may have more specific statements regarding the University affirming they will file for your permanent residence. These 2 statements do not make any such affirmation, other than to refer you to a policy page for "international faculty and staff." Even there they make a distinction between faculty and non-faculty.

You can have another petitioner file your labor certification, and if you file it (with the US DOL) prior to the end of your 5th year of H-1B eligibility, you are allowed to extend your H-1B beyond the 6-year statutory maximum. You can move that date a bit if you spent significant time outside the US and are willing to leave the US to freeze the date to allow the LC to process.

Complicated case because of the facts, not the law. I suggest you consult with an immigration attorney to review your options. Find one that has experience with "H-1B re-capture time".

I hope this was responsive to your inquiry. Good luck.