GC Options and H1-b extension - advise ?

C

cc102373

Registered Users (C)
Couple of questions:

1. Is it possible to get an H1-B extension in case my labor certificate is pending for more than 1 year ? I am confused because some websites state that the I-140 needs to be pending more than 365 days and in some cases I have read that the Labor application should have been pending for more than 365 days. Which is corect ? Also, does it matter whether the labor application is pending with SESA or federal DOL ?

2. What are my options ? I applied for GC in May, 2001 (San Francisco, California), with a priority date of July 25, 2001. In March, 2003 the RIR was rejected by DOL. My employer returned the application for conventional processing to SESA. Ever since, there has been no movement because the conventional processing in California has been stuck at April, 2001 forever. Will I be eligible for an H1-B extension ? I will run out of my 6 year limit in March, 2006.

Or should I look for a new employer who will file for GC immediately, which will atleast give me more than a years time in case the new application is pending with DOL ? In other words, is it better to make a fresh RIR application in the EB2 category ?. Right now, my application is in the EB3 category.
Or should I just hang in there and hope for the best.

Thanks much !
 
cc102373 said:
Couple of questions:

1. Is it possible to get an H1-B extension in case my labor certificate is pending for more than 1 year ? I am confused because some websites state that the I-140 needs to be pending more than 365 days and in some cases I have read that the Labor application should have been pending for more than 365 days. Which is corect ? Also, does it matter whether the labor application is pending with SESA or federal DOL ?

2. What are my options ? I applied for GC in May, 2001 (San Francisco, California), with a priority date of July 25, 2001. In March, 2003 the RIR was rejected by DOL. My employer returned the application for conventional processing to SESA. Ever since, there has been no movement because the conventional processing in California has been stuck at April, 2001 forever. Will I be eligible for an H1-B extension ? I will run out of my 6 year limit in March, 2006.

Or should I look for a new employer who will file for GC immediately, which will atleast give me more than a years time in case the new application is pending with DOL ? In other words, is it better to make a fresh RIR application in the EB2 category ?. Right now, my application is in the EB3 category.
Or should I just hang in there and hope for the best.

Thanks much !
Click to expand...

Is it possible to get an H1-B extension in case my labor certificate is pending for more than 1 year ?

Yes.

I am confused because some websites state that the I-140 needs to be pending more than 365 days and in some cases I have read that the Labor application should have been pending for more than 365 days. Which is corect ?

Both.

Also, does it matter whether the labor application is pending with SESA or federal DOL ?


No.

I applied for GC in May, 2001 (San Francisco, California), with a priority date of July 25, 2001. In March, 2003 the RIR was rejected by DOL. My employer returned the application for conventional processing to SESA. Ever since, there has been no movement because the conventional processing in California has been stuck at April, 2001 forever. Will I be eligible for an H1-B extension ?

I assume that it is same LC with PD of May 2001 which has been converted to regular case. Yes you will be eligible for H1b extension.

Or should I look for a new employer who will file for GC immediately, which will atleast give me more than a years time in case the new application is pending with DOL ? In other words, is it better to make a fresh RIR application in the EB2 category ?. Right now, my application is in the EB3 category.

Categories are decided in 140 stage and not in LC stage.
 
Thanks for the answers, Jharkhandi !!
I have a few more follow up questions though.

I started the GC process in May, 2001 (San Francisco, California) and received a priority date of July 25, 2001. In March, 2003 the RIR was rejected by DOL. My employer returned the application for conventional processing to SESA. Ever since, there has been no movement because the conventional processing in California has been stuck at April, 2001 forever.

Jharkhandi:I assume that it is same LC with PD of May 2001 which has been converted to regular case. Yes you will be eligible for H1b extension.

For this what I have heard is that although my case was received in July, 2001, the California Dept. of Labor typically puts former RIR cases into the queue from the date of remand to conventional processing (May 27, 2003) instead of the date of initial receipt (July, 2001). Wanted to know if this is really how it works ? And if it is, it really sucks to be pushed back in the 'conventiional processing' queue by almost two years because the RIR application was rejected.

Or should I look for a new employer who will file for GC immediately, which will atleast give me more than a years time in case the new application is pending with DOL ? In other words, is it better to make a fresh RIR application in the EB2 category ?. Right now, my application is in the EB3 category.

Jharkhandi: Categories are decided in 140 stage and not in LC stage.

I guess what I meant here is -- should I just continue to wait on this application. Or move to a new employer and start the GC process from scratch. Although it may not sound sensible, I've seen so many people who applied after me have already got their GCs, it almost seems that the relatively recent applications are moving faster. Moreover I've heard this whole thing about DOL trying out a newer system or something and that only the more recent applications got through. Not sure if one should believe all these stories. :confused:

Thanks again.
 
cc102373 said:
Thanks for the answers, Jharkhandi !!
I have a few more follow up questions though.

I started the GC process in May, 2001 (San Francisco, California) and received a priority date of July 25, 2001. In March, 2003 the RIR was rejected by DOL. My employer returned the application for conventional processing to SESA. Ever since, there has been no movement because the conventional processing in California has been stuck at April, 2001 forever.

Jharkhandi:I assume that it is same LC with PD of May 2001 which has been converted to regular case. Yes you will be eligible for H1b extension.

For this what I have heard is that although my case was received in July, 2001, the California Dept. of Labor typically puts former RIR cases into the queue from the date of remand to conventional processing (May 27, 2003) instead of the date of initial receipt (July, 2001). Wanted to know if this is really how it works ? And if it is, it really sucks to be pushed back in the 'conventiional processing' queue by almost two years because the RIR application was rejected.

Or should I look for a new employer who will file for GC immediately, which will atleast give me more than a years time in case the new application is pending with DOL ? In other words, is it better to make a fresh RIR application in the EB2 category ?. Right now, my application is in the EB3 category.

Jharkhandi: Categories are decided in 140 stage and not in LC stage.

I guess what I meant here is -- should I just continue to wait on this application. Or move to a new employer and start the GC process from scratch. Although it may not sound sensible, I've seen so many people who applied after me have already got their GCs, it almost seems that the relatively recent applications are moving faster. Moreover I've heard this whole thing about DOL trying out a newer system or something and that only the more recent applications got through. Not sure if one should believe all these stories. :confused:

Thanks again.
Click to expand...
I am not sure about processing being pushed the way you are explaining. I think it should go back in queue as per PD and not with remand date. If it is otherwise send an email to Prakash Khatri, Citizenship and Immigration Services Ombudsman, U.S. Department of Homeland Security at prakash.khatri@dhs.gov. He is the best person to sort out things in DHS without going thru court.

About second LC app - that no one can suggest you - you have to see pros and cons and judge for yourself.
 
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