Filing labor with 2.5 years left in H1

M

manijaya

Registered Users (C)
All: I need your advise on filing labor. My employer is known to lay off employees regularly and hence I could not file for labor for three years. I am left with 2.5 years in my H1b. Please advise how I can file for my labor even with future layoffs. Thank you!!
 
If your employer files a LC, there should not be any lay offs for at least 6 months. However, to obtain H-1B extension beyond 6 yeras, your LC should be filed (after job advertisements) when at least 365 days are left in your H-1B.
 
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manijaya said:
All: I need your advise on filing labor. My employer is known to lay off employees regularly and hence I could not file for labor for three years. I am left with 2.5 years in my H1b. Please advise how I can file for my labor even with future layoffs. Thank you!!
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If they lay off people who are on the similar position to yours, you got problem with LC. Other wise, it should not be an issue.
 
If your employer is prone to layoffs, better look for a better employer for the GC. If the screwup happens before you file your 485, you will be left high and dry.
 
Thank you for all your feedback. Since my manager is getting ready to file for my GC, Will there be an issue if there was a lay off in another 3 months down the line? If so, how can I work through that?
 
Hi everyone, with regards to the lay off, given they are in a similar position, does it matter if it's a different level of experience? let say I am entry-level and they lay off, senior engineers?
thanks
 
Perm Labor will not go through if there are layoffs going on in the company for people in similar positions.
 
txh1b said:
Perm Labor will not go through if there are layoffs going on in the company for people in similar positions.
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I guess the question is how "similar" is similar... i.e. Software Engineer I and Software Engineer II ... are they considered different?
 
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