H-4 + 6 Years EB-3 to EB-2

A

avvaven

New Member
This is my first post. Please let me know if this is not the right place to ask the following questions.

I am currently on H1 and will be finishing 6years by Jul 2006. My wife is currently on H4. Both H1 and H4 are already extended for one more year based on my pending Labor application and are now valid till Jul 2007.

1. My current labor application is under EB-3 category. Though my company is willing to refile under EB-2 the lawyer says it cannot be done now as I am already finishing 6 years. Is that true ? Under what circumstances can the labor can be refiled ?

2. My wife has got a job offer but the employer backed out at the final moment saying that she is going to get H1 approval valid only for a month. Will she be able to get an H1 extension based on my labor ?

Thanks
 
avvaven said:
This is my first post. Please let me know if this is not the right place to ask the following questions.

I am currently on H1 and will be finishing 6years by Jul 2006. My wife is currently on H4. Both H1 and H4 are already extended for one more year based on my pending Labor application and are now valid till Jul 2007.

1. My current labor application is under EB-3 category. Though my company is willing to refile under EB-2 the lawyer says it cannot be done now as I am already finishing 6 years. Is that true ? Under what circumstances can the labor can be refiled ?

----
Because your new LC may not meet 1 year limit. If your old LC is under regular or RIR then yu can file new one through PERM without distrubing this one on EB2. You need a experienced attorney to evaluate your time sensitive case
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2. My wife has got a job offer but the employer backed out at the final moment saying that she is going to get H1 approval valid only for a month. Will she be able to get an H1 extension based on my labor ? No
Thanks
Click to expand...
 
avvaven said:
This is my first post. Please let me know if this is not the right place to ask the following questions.

I am currently on H1 and will be finishing 6years by Jul 2006. My wife is currently on H4. Both H1 and H4 are already extended for one more year based on my pending Labor application and are now valid till Jul 2007.

1. My current labor application is under EB-3 category. Though my company is willing to refile under EB-2 the lawyer says it cannot be done now as I am already finishing 6 years. Is that true ? Under what circumstances can the labor can be refiled ?
--------------- your employer cant file PERM LC for same person, same job title and same skills. what is the PD of LC that is pending???? Other employer if ready can file new LC through PERM but it will take time for Advertisements/filling then approval but PD will be the date of new LC filing.
2. My wife has got a job offer but the employer backed out at the final moment saying that she is going to get H1 approval valid only for a month.

Will she be able to get an H1 extension based on my labor ?
---NO
Thanks
Click to expand...
 
ginnu said:
Originally Posted by avvaven
This is my first post. Please let me know if this is not the right place to ask the following questions.

I am currently on H1 and will be finishing 6years by Jul 2006. My wife is currently on H4. Both H1 and H4 are already extended for one more year based on my pending Labor application and are now valid till Jul 2007.

1. My current labor application is under EB-3 category. Though my company is willing to refile under EB-2 the lawyer says it cannot be done now as I am already finishing 6 years. Is that true ? Under what circumstances can the labor can be refiled ?
--------------- your employer cant file PERM LC for same person, same job title and same skills. what is the PD of LC that is pending???? Other employer if ready can file new LC through PERM but it will take time for Advertisements/filling then approval but PD will be the date of new LC filing.
2. My wife has got a job offer but the employer backed out at the final moment saying that she is going to get H1 approval valid only for a month.

Will she be able to get an H1 extension based on my labor ?
---NO
Thanks
Click to expand...
"1. My current labor application is under EB-3 category. Though my company is willing to refile under EB-2 the lawyer says it cannot be done now as I am already finishing 6 years. Is that true ? Under what circumstances can the labor can be refiled ?
--------------- your employer cant file PERM LC for same person, same job title and same skills. what is the PD of LC that is pending???? Other employer if ready can file new LC through PERM but it will take time for Advertisements/filling then approval but PD will be the date of new LC filing."

Why his employer can’t file the PERM for the same person, same job title and same skills but different requirements EB2 vs. EB3? If the new LC is filed, what will the consequence be? Do you know it?
 
The PD for the pending LC is Dec 2003. Have recd the 45 day letter in Oct. 2005 and was replied same month. Lawyer tells me that the labor should clear in the next 2 - 3 months. I was just reading that the senate has approved processing GC outside of the EB category. Dont know what it means at this time but am sure pretty interested in knowing more about it.

Thanks everyone for their replies
 
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