Labor Condition Application & Labor Certification ?

N

napakagaling

New Member
Hi All,

My wife's H1B will be hitting the 6th year this June 2006.

I have a couple of questions:

1) Her employer submitted a labor certification via RIR in Sept 2004.

For purpose of completing Question # 7 Part 4 of the I-129 (ie., Have you ever filed an immigrant petition for any person in this petition?), is a filed and pending Labor Certification considered as a "filed an immigrant petition?"

2) Does the employer have to re-submit a new Labor Condition Application or simple provide a copy of the old Labor Condition Application?

Thanks a lot in advance.
 
napakagaling said:
Hi All,

My wife's H1B will be hitting the 6th year this June 2006.

I have a couple of questions:

1) Her employer submitted a labor certification via RIR in Sept 2004.

For purpose of completing Question # 7 Part 4 of the I-129 (ie., Have you ever filed an immigrant petition for any person in this petition?), is a filed and pending Labor Certification considered as a "filed an immigrant petition?"
Labor Cert is not an Immigrant petition. Only I 140 is.

2) Does the employer have to re-submit a new Labor Condition Application or simple provide a copy of the old Labor Condition Application?
Every time you apply for H1 extn you have to get new one (LCA)

Thanks a lot in advance.
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