Help - Misconception about the LC process

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fkhan2

Registered Users (C)
Hello,
I need some information about the Labor Certification process. The legal guy at my company apparently is misinterpreting the LC process.

According to him, during the LC process, in response to the job advertisement, if a qualified US worker is found, the company will have to hire that person and fire the H-1B holder for whom the process of LC/job advertisement has been initiated.

However according to the information what I have gathered, if a qualified U.S. worker is found, this does not mean that the U.S. employer is bound to hire him/her. The US employer can choose not to hire the worker, but, in that case, the Labor certification process has to be terminated. In order words, the H-1B worker will be able continue his job on his/her current H-1B visa status. The labor certification process may, however, be resumed at a later time. Right?

Is there any official link/page/document on DOL or USCIS website which can prove that the legal person in my company is misinterpreting the entire process? I will really appreciate someone's assistance. Thanks alot
 
If a qualified worker applied for a job there are several way available legally make him not qualify for that job with proper documentation and continue with LC process. H1 is nothing to do with LC. Even after hiring US worker H1 can continue and go for LC again. If vacancy available for 2 or 3 same positions.


fkhan2 said:
Hello,
I need some information about the Labor Certification process. The legal guy at my company apparently is misinterpreting the LC process.

According to him, during the LC process, in response to the job advertisement, if a qualified US worker is found, the company will have to hire that person and fire the H-1B holder for whom the process of LC/job advertisement has been initiated.

However according to the information what I have gathered, if a qualified U.S. worker is found, this does not mean that the U.S. employer is bound to hire him/her. The US employer can choose not to hire the worker, but, in that case, the Labor certification process has to be terminated. In order words, the H-1B worker will be able continue his job on his/her current H-1B visa status. The labor certification process may, however, be resumed at a later time. Right?

Is there any official link/page/document on DOL or USCIS website which can prove that the legal person in my company is misinterpreting the entire process? I will really appreciate someone's assistance. Thanks alot
Click to expand...
 
great guru said:
If a qualified worker applied for a job there are several way available legally make him not qualify for that job with proper documentation and continue with LC process. H1 is nothing to do with LC. Even after hiring US worker H1 can continue and go for LC again. If vacancy available for 2 or 3 same positions.
Click to expand...

Thanks for the response Great Guru. Could you please explain a bit more? Are you saying that 2-3 job annoucments for similar grade positions can be advertised?
 
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