H1b transfer + labor certification simultaneously?????

L

little_curious

Registered Users (C)
Hello,
My spouse got recently an H1B transfer and is working in new job for 2 weeks now (I'm on H4). We want to start green card process as soon as possible, and the company is willing to sponsor it, BUT we were told that we needed to wait for the H1B transfer approval by INS, which will take approximately 3 months or so... Is this true? Couldn't the labor certification be started immediately?
We're very concerned because we are located in Connecticut, and the state has a backlog from October 2001, which means, that labor certification will take roughly one year and a half...What a waste of time! IF only PERM process could be implemented, which allows premium labor certification in 21 days.

Please respond.... Very concerned... Thank you
 
Can you expand on your idea some more?
I was told by an assistant of the law group which handles the GC process that we needed to wait until the H1B was completely accepted...
Thanks.
 
Go ahead & Apply for LC.. No need to wait for H1 Transfer.

Actually company can file labor cert application even if the person is not working with it at present. Labor certification is for Future Job Offer.. not a current.

For example one person working with Comapny A can apply for Labor Cert thru Company B & continue with A with his H1... after he gets his LC He can join Comapny B with EAD.
 
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Thanks for your response.

Then it seems that it's not as bad as we originally thought... I suppose the person I talked to in the law firm is not informed...
 
In case company are paying for attorney then they might lose money if you decide not to continue with the sponsering firm in case H1-B gets rejected. A lot of companies these day's wait till H1-B finally gets approved to make sure you stay with them before starting LC Process.

Otherwise H1-B has nothing to do with LC Process. You don't need to be emplyed by the firm to start the LC process.
 
Thanks for your response.

It seems unlikely there will be a rejection on the H-1B transfer, and since the company is making such a huge investment on my spouse, paying for temporary housing, helping with closing costs on purchase on a house, pretty good salary increase, etc., etc., I wouldn't think they are under the belief my spouse might leave anytime... My guess is that, it is procedure commonly done on all employees applying for GC...

It's just a ridiculous amount of time wasted, 3 months at least for H-1B approval, then one year and a half for approval of labor certification. And after that, what's the expected waiting time for the spouse of the principal applicant, which is me, currently on H4, to be able to work legally and perceive a salary? I truly believe this is a great country with lots of opportunities and I'm thankful to be here, but this immigration procedure really tests our endurance and character... It's so frustating to be waiting... Now I could try to study, perhaps do an MBA in the meantime, switch to F1 to be able to work and do practical training, but would it be advisable?

I'm sorry to post my frustrations here in the site, it's just that it feels better to air it out. Can anyone suggest what other H4 spouses have done in the meantime while waiting for their GC to be approved??????
 
little_curious


your frustrations are well understood by everybody because its the same case with almost all H1 spouses..

You can go back to school & earn a Graduate or Certificate while on H4 ( you will not get student loan or aid but good tax savings..)

Even if you do not change to F1, by the time you will finish MBA you should have your EAD ( EAD comes very fast one you get LC & appply for I140/I485)...
 
Thanks for your input gp.

I guess going back to school is the only reasonable thing to do under the circumstances. Believe me i've tried to search for a way to work while on H4, without necessarily breaking the law... I know that stock trading is permitted under certain limits of course. Day trading is prohibited if it involves "many" trades per day. Now "many" is subject to the discretion of the immigration officer...Low volume is of course permitted, but I was thinking of it more as a job, working at it several hours a day....Not possible...

I've thought of buying a property, fixing it and selling it for profit. I wouldn't be working but hiring American workers to do the job. It's a "gray area", it's hard to tell what the immigration officer believes of it... Exporting-importing also but the profit would show up on my income, and on my taxes...There's no way to work as an H4. Period.... I don't want to jeopardize my green card, i rather play it conservatively. So back to square 1... Go to school, get a degree and play it safe!!
 
You can run a web base business with registration of business in your country & accept payments thru credit cards... credit card company will pay you back in your home country back account !
 
That's not a bad idea! Even if american consumers buy my "products" or "services", it would be allowed since it's a business originally created in my home country... That's a fabulous idea!!!... I just would need to think of a reasonable web based business...

Thanks a lot gp...
 
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