Information regarding Labour and Green Card Processing

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witty1976

Registered Users (C)
HI Sir,
I have some question regarding my GC processing. I am currently working on H1 visa. I worked for my previous employer for a good time of 3 yrs and he filed my Labour Certification for GC from NJ in Jan 2002 , but processing in NJ is so late it is still in State Labour stage. Due to the recent layoffs and low rates, I had to join some other employer for work with their new H1 Visa, but my previous employer is saying that they are ready to continue my GC processing if I wanna pay and interact with their lawyer directly.
I asked the lawyer and they say , I can do that as GC is based on the future employement.
I wanted to know , if I can continue my that GC as my prev employer does not have any problems. Will INS create problems with such case at a later stage.
At which time, I should again start working through my prev employer if I want my GC to continue without any problem, filed by my prev employer.

Your advice and suggesstions will really be appreciated .
It would be great if any one having such experience, can share his/her views about that too.
Thanks.
 
HI Sir,
I have some question regarding my GC processing. I am currently working on H1 visa. I worked for my previous employer for a good time of 3 yrs and he filed my Labor Certification for GC from NJ in Jan 2002, but processing in NJ is so late it is still in State Labor stage. Due to the recent layoffs and low rates, I had to join some other employer for work with their new H1 Visa, but my previous employer is saying that they are ready to continue my GC processing if I want to pay and interact with their lawyer directly.
--------Accept the offer of paying to lawyer for the fees directly/indirectly and all expenses
I asked the lawyer and they say , I can do that as GC is based on the future employment.
---- That is correct
I wanted to know, if I can continue my that GC as my prev employer does not have any problems.
------------ You CAN continue GC. If the previous employer has no problems to continue GC that is good for you, once LC is cleared file I-140 (that employer has to sign) and I-485, EAD, AP. Your employer should NOT revoke your I-140 after approval or till I-485 hits 180 days. If you are sure that he will not do that then no problems for you but if any RFE for I-140 then employer has to reply(lawyer will draft the letter for RFE)
Will INS create problems with such case at a later stage.
-----NO
At which time, I should again start working through my prev employer if I want my GC to continue without any problem, filed by my prev employer.
----It is better be with him 3-4 months before I-485 approval the final stage (currently I-485 approval is taking more than 18-20 months all the service center have backlog for I-485) don’t worry for that, even if previous employer has no job when I-485 is going to be approved you can use AC21 and can join any employer after I-140 approved I-485 pending more than i180 days, job should be same/similar as was written on LC of previous employer

If the past employer is cooperative and will file I-140 then no problems for you. It is better that he said deal directly with the lawyer
Good Luck!!
 
HI ginnu,
Thank you very much for the detailed advice, I truly appreciate you for your time and kind guidelines to me. I am also thiking to continue that case as it does not make any sense and infact no new employer starts a fresh GC in this low economy.
However , if at a very later stage my prev employer says NO or something like that, it would be totally my luck, but rigth now as he is being neutral , and I am directly in contact with the lawyer, I think i will let this go the way it is.
Once again , thanks a lot for the kind advice.
You have a wonderful weekend.
 
Try to get the NJ SESA letter that has PD for your LC filing, it has your name and case# and date of LC filing with NJ SESA, it will be with lawyer it is sent by NJ SESA. It will help you to file LC for 7th year if 6 years expire. Who knows you may have to change employer in future and one can ask for 7th year extension based on ANY employer LC that was filed before 365 days and SESA receipt is the Evidence.
I hope your LC gets approved and then file I-140, I-485, EAD AP. If the employer tries to change his mind in Future go for a DEAL with him. He should file I-140 or Sign I-140 petition, provide future employment letter and should not revoke I-140. Once I-140 is approved and I-485 pending more than 180 days you can use AC21
Good Luck and Thanks for the Thanks
 
hi Ginnu,
This informatin is really helpful to me. I will definately follow this and this makes my confusion crystal clear now. I was really thinking how can I apply for 7th year extension(if reqd) based on the old LC applied. I was always under the impression that this extension is onlly possible to those people who are still with the employer who filed their GC and they are still with the same employer.
Thanks a lot, I will definately try to get those documents. I assume by Feb/March my State Labour should clear by NJ as it was filed in Jan 2002, but I seriously doubt on NJ processings though.
Anyways, thanks a lot once again :)
 
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