arouncoumar
Registered Users (C)
For people, who didnt get a labor filed before entering 6th year, you have no choice other than find a preapproved labor or relocate for an year. There is a trick that might fly. This idea was floated by UnitedNations. Now, USCIS confirms it!! It involves using a substitution labor. Substitution using a preapproved labor is easy but hard to find + expensive. This revolves around the idea of substituting a pending labor which was not filed for someone lese. The advantage is its easy to find a company with pending labors rather than those with preapproved ones.
Read Pg:8 of the memo here memo It quotes
"If the H-1B nonimmigrant is requesting an extension based upon a labor certification that has been pending 365 days or more but was certified in the name of another alien, the H-1B nonimmigrant may be eligible for the extension provided the H-1B petitioner submits evidence that the beneficiary is using the labor certification to obtain status as an EB immigrant. This means that the alien will be the beneficiary of a pending or approved Form I-140 based on that labor certification."
Pl talk to your employer/lawyers and ponder if its gonna work.
Read Pg:8 of the memo here memo It quotes
"If the H-1B nonimmigrant is requesting an extension based upon a labor certification that has been pending 365 days or more but was certified in the name of another alien, the H-1B nonimmigrant may be eligible for the extension provided the H-1B petitioner submits evidence that the beneficiary is using the labor certification to obtain status as an EB immigrant. This means that the alien will be the beneficiary of a pending or approved Form I-140 based on that labor certification."
Pl talk to your employer/lawyers and ponder if its gonna work.