Labor Certification - my wife or me?

O

origin72

Registered Users (C)
Hi,

I needed some help regarding my Green Card processing.

My wife and myself hold H-1s.

1. My wife has a Master's Degree. She has 5+ years IT experience (2 yrs US). Her application would be filed from Tennessee. She also has an option to change her employer and file for the GC through Delaware. But she has lost her Birth Certificate. My wife works as a consultant.

2. In my case, I have a Post Graduate Diploma. I have 5+ years IT experience (2 yrs US). My application will be filed through Connecticut. I am a full time employee.

We are in a dilemma which one of us should file for the GC? And, if my wife should file it, should it be from Tennessee or Delaware? This question because I just saw on the DOL site that the difference in Labor processing between Tennesee and Delware is 2 months (Delaware faster).

Thanks!
 
File both!

The best possible suggestion is that both of you should file. Once you have approved labors, you could even file two separate I-140s. After that, you can file one 485. This way, you could avoid any possible problems with either one of the processes.

logicators
 
If my wife should file, should she file from Tennessee or should she change her employer and file through Delware (Tennessee is 2 months slower for Labor as per DOL)?

Is it true that if your Labor is pending for more than 365 days, then you can keep extending your H-1 indefinitely evry year after 6 yrs of H-1?

I am also concerned about her Birth Certificate. Do you think either ways if I file or she files, she not having her birth certificate will have the same implication? Will it hold the process? What's the alternative?

Thanks!
 
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Birth Certificate is needed only in I-485 stage. U just need to mention ur birth date in rest of stage.

Apply from Delawar or Tenesse is upto u. u need to fighure out ur interest, job security, ur employers support, company size, company's finiancial ability etc..
 
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Apply for both.. see which one comes faster (without problems !)

You can easily get Birth Certificate from your home country by the time you reach the I 485 stage.. ( If home country if India, very easy process there !)
 
file both

Hi!
I agree, file both!

When you are choosing the state, check in which one the processing is faster. You can check the Labor department speed here: http://www.ows.doleta.gov/foreign/times.asp

Please, know that in some states RIR (reduction in recruitment) and non-RIR have different processing time. RIR is better.
It seems that Delaware is faster for now.

Good luck!
 
Nice delimma

Hi ,

The best thing about your question is you have a choice, and that too with nice options open to you.

I will repeat what everyone has said, apply for both yourself and your wife. That way if something goes wrong with one, you do have the other application to fall back on.

Regarding Tennesse and Delaware, 2 months difference is not a big one. Processing is getting slower and speeds are changing in every state and whatever processing time a state takes now, may change in the very near future. So what I am trying to say is that if your wife is satisfied with her employer (big question !), don't change jobs just because of 2 months difference in processing times.

This is a personal advice, please make your own informed desicions.

All the best.
 
File both

It is better to be safe than sorry.Why not utilize all options you have.However,If I understand correctly your wife stands better chance. Your post graduate diploma might be questionable >Have you thought about that.
?Have your post graduate diploma evaluated .
 
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