Is LCA needed when you have National Interest Waiver (visa retrogressed)?

I

indiandude1

Registered Users (C)
I am past 6 years on my H-1B.

However, more than a year before I got to the 6 year limit, I filed an I-140 National Interest Waiver petition, which was approved.

Since India (my country) is visa retrogressed, I cannot file for an I-485 for another 4-5 years.

Does my employer still need to get a labor certification for my H-1B (I have a waiver from labor certification) before filing for an extension?
 
That would be the logical thing to assume. But as I have sometimes found during my dealings with officialdom in two countries (India and the US), logic often does not have anything to do with law and rules.

So, I was just making certain. Thanks for clarifying that.
 
Hello

It seems logic does not work.

My local secretary, who handles H-1B paperwork, is insisting that an LCA (and the attendant wage determination) would be needed even if I have the National Interest Waiver.

If you know of a particular rule / regulation that says I don't please supply it.

This is urgent.

Thanks.
 
indiandude1 said:
Hello

It seems logic does not work.

My local secretary, who handles H-1B paperwork, is insisting that an LCA (and the attendant wage determination) would be needed even if I have the National Interest Waiver.
--------------- your Local secretary is not qualified immigration lawyer. you can ask Company lawyer directly or from Your lawyer.
If you know of a particular rule / regulation that says I don't please supply it.

This is urgent.

Thanks.
Click to expand...
A National Interest Waiver (NIW) petition requests that the otherwise required U.S. job offer requirement, and thus the labor certification requirement, be waived for the sake of the "national interest of the United States.".An NIW application has clear advantages over other regular employment based immigrant petitions. Since there is no labor certification or permanent job offer requirement [/B]

Find the info from Lawyer site Or you can search for " National Interest Waiver Petition requirement"
http://www.hooyou.com/niw/index.html
 
apples and oranges

Sorry for confusion. [While I believe there really are no stupid questions, there are often vague, inaccurate, or confusing questions. This was one of them.]


An LCA is a Labor Condition Application associated with the H1-B non-immigrant visa (NIV) classification. This is required for an H1-B extension filed via form I-129.

A Labor Certification (generally referred to a PERM application) is the thing that is being waived for the I-140 for the Immigrant Visa in EB-2 NIW classification.

The approved I-140 allows you to extend non-immigrant classification but does not waive the LCA for the non-immigrant extension application.

You must maintain lawful NIV status in order to eventually file an I-485 for adjustment of status from inside the U.S.
 
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She is arguing:


"... any H-1B application that is filed requires a Labor Condition Application (LCA) & prevailing wage determination. These elements are required by USCIS regardless of one’s immigration status. The Prevailing Wage is determined by the Department of Labor in Washington, DC. And, the I-480 (sic) requires a Labor Certification Application not a Labor Condition application. Perhaps that is where the confusion has been developed. These are two different processes."
 
No. This was my mistake. I should have been more careful.

The law does not make sense though. The only reason I am forced to go through H-1B is because I am visa retrogressed. So, a French or German scientist with the same approval / waiver from labor certification is happily working on his freshly issued I-485, while an Indian scientist is put through the wringer and forced to seek LCA (which he is logically (not legally) exempt from). Smacks of discrimination on basis of national origin.

Oh well. Put another one down for when law and logic part company.
 
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