Labor Cert (RIR) stuck in backlog - am I gambling with one card???

littletwig

Registered Users (C)
I am nearly 5 yrs into H1B status (3 in residency, nearly 2 in my primary care job). Employers attorney filed a labor cert under RIR 15 months ago, which is now in a backlog processing center.

Attorney says 'anything could happen' with the application. The dept of labor will not make it's decision for another year or two!

The clinic I work in is two blocks away from a HPSA/MUA designated area (aaahh), so I cannot file a NIW for my current job.

Question: what has the DOL done with the lc application so far?

Has it been checked to make sure it is complete, and the recruitment is ok?

What can they/do they usually reject the applications for?

If rejected, and I have less than 12 months left of an H1B extension, can another application (PERM?) be filed?

Anyone have any suggestions/strategies?

I have tried to find a lawyer that could give really good suggestions/options... any good recommendations?

Thanks, and sorry for long post. :D
 
Under the old system, one could file labor certification in two different states. I am not sure how it is with PERM. I suspect that you can file a PERM in a different location with a different employer while your application is pending in a backlog center.

If you do can do that, you will have the added security of having another application in the pipeline. You will have to make the effort to find an employer, and move if the PERM GC is approved, but I believe it will be worth the effort.

Check with a lawyer.
 
perm can be filed

from what my lawyer has told me, you can file perm from the same employer. its ok to have one application in the backlog center, and file a new perm application. good luck.
 
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