Labor denied while 8th year extension.

C

chamu

Registered Users (C)
I have a friend who is on his 7th year H1 extension. He just got the approval for 8th year extension, which is valid until May 2005. Our company applied for his labor in Dec 2001 in NJ. Our office in NJ closed in August 2002. Our lawyers just received an RFE from state DOL asking why they published the advertisement in NY Times when our office was in NJ etc. Our lawyers think that the DOL is going to reject the labor application, as we don't have an office in NY/NJ. Here are his concerns:

By staying in current company:

- Will his H1B be valid after they reject the labor?
- Can he apply for his labor in CA (where our HQ is) and get 9th year extension if the labor is still pending?


By joining other companies:

- Can he transfer his H1 (Which is valid up to May 2005) to another company and get an approval until May 2005?
- Can a company who already got an approved labor apply for his I-140 & I-485?


He is getting different answers from different lawyers. Some say he will be out of status once the labor is denied some say he could stay until this H1 expires.


I would really appreciate if you guys could share your thoughts on this.

Best Regards,
 
Originally posted by chamu
I have a friend who is on his 7th year H1 extension.
He just got the approval for 8th year extension, which is valid until May 2005.

Our company applied for his labor in Dec 2001 in NJ. Our office in NJ closed in August 2002.
---- is it INNOTRAX? or North-star?
Our lawyers just received an RFE from state DOL asking why they published the advertisement in NY Times when our office was in NJ etc. Our lawyers think that the DOL is going to reject the labor application, as we don't have an office in NY/NJ. Here are his concerns:

By staying in current company:

- Will his H1B be valid after they reject the labor?

----- yes his 8th year H1 will be valid but he may not get next H extension if LC gets rejected
- Can he apply for his labor in CA (where our HQ is) and get 9th year extension if the labor is still pending?
------ his employer can LC in CA that is not problem but i see a problem becase if his employer files new LC it will not be pending more than 365 days when his 8th year H1 is going to expire. His LC should hit 365 days before his H1 expires

By joining other companies:

- Can he transfer his H1 (Which is valid up to May 2005) to another company and get an approval until May 2005?
------- yes he can but if his LC is rejected and USCIS finds out his H1 will be revoked
- Can a company who already got an approved labor apply for his I-140 & I-485?
------ Yes, if he qualifies to use that LC, ON THE date LC was filed, that is called labor substitution and he can file I-140,I-485 EAD AP with that LC. he must take the copy of approved LC and his all education degree certificates,EXP letters ,education evaluations, skills and must meet a good lawyer for evaluation and find out if he is qualified to use that LC ( go to Independent lawyer who is not connected with the company who have approved LC)


He is getting different answers from different lawyers. Some say he will be out of status once the labor is denied some say he could stay until this H1 expires.

-----He could stay untill H1 expires
I would really appreciate if you guys could share your thoughts on this.

Best Regards,
Click to expand...
 
Ginnu,

Thanks for sharing your thoughts.

The company is neither INNOTRAX nor North-star.

Regards,
 
Last edited by a moderator:
Originally posted by chamu
Ginnu,

Thanks for sharing your thoughts.

The company is neither INNOTRAX nor North-Star International inc.
----- I asked about above companies becase both have been investigated by DOL and violated H1 law, both companies kept many on bench in past and never paid wages according to LCA to workers and many cases are pending against these compnies before DOL to recover past wages.
Regards,
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H1b Expiring

Labor and H1 question..
Hi Guys,

I need some help/suggestions in the following situation.

My Current H1 expiring on 03/20/05.By that time I will be completing 5 years and 3 months on my H1.
So I am left with 9 months on my h1 visa for 6 years to complete.My current LC is pending more than
a year with SF(San francisco).My DOL received date is June ,16,2003.My questions are as follows

1)If I want to apply for My H1 extension is it better to apply 9 months alone or is it better to apply 9 months +
1 year ( 7th year labor extension as per AC21 rule)...

2)Is it better to apply my h1 before six months of expiry or Just a month before h1 expiry date?

Any help/suggestions will be appreciated.Thanks
 
Hi Ginnu......

I'm just wondering if you could give me a favor? i want to e-mail or contact you with my questions privately, please??????

Nomo
 
8th year extension

Hi Chamu/ Jinnu / Gurus,

Can you tell me if ur friend used the same " lc application recieval date confirming letter" from department of state for the 8th year extension? which he used for 7th year extension before? or he took another letter with latest date?

I have to apply for 8th year extension ..... wondering if I could use the letter i got from department of state for my 7th year extension approval (for 8th year extension too...).

tks
 
Re: 8th year extension

Originally posted by stunpad
Hi Chamu/ Jinnu / Gurus,

Can you tell me if ur friend used the same " lc application recieval date confirming letter" from department of state for the 8th year extension? which he used for 7th year extension before? or he took another letter with latest date?

I have to apply for 8th year extension ..... wondering if I could use the letter i got from department of state for my 7th year extension approval (for 8th year extension too...).

tks
Click to expand...

*** Jinuu or others will reply you
 
00000hhhh.. is this joke?

Is this a joke on my Id? I cant understand..
Please share.. i too will enjoy

:) :):D :D
 
Re: 00000hhhh.. is this joke?

Originally posted by stunpad
Is this a joke on my Id? I cant understand..
Please share.. i too will enjoy

:) :):D :D
Click to expand...

stunpad,

Don't worry. I've full faint in ginnu, uh ... I mean jinnu to answer your Qs.
 
Re: Re: 00000hhhh.. is this joke?

Originally posted by alren
stunpad,

Don't worry. I've full faint in ginnu, uh ... I mean jinnu to answer your Qs.
---- jinnu is not going to answer ginnu may answer as your have full FAINT not faith
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LC possible rejection ??

Hello,

I am new to this forum...I hv my LC applied in July 2001 in CO in regular. The SESA, just recently taken the application and my AD went on. Unfortunately, there were 10 responses against the AD, and my company is skeptical on how DOL is going to accept after submitting that none of the 10 are suitable. Ofcourse, my company is going to do the process now on. I am really worried about the outcome of that, after waited for soooooooooo long.

I would like to get some expert opinions

Is my application ready to rejected, because of higher number of responses (I heard some resumes are very good...!!!).

I am hearing from my friends also that, DOL can't reject my LC because my company find me very suitable for that position !!!!!..????..

I am in the 7th year of my H1, if for some reason my LC is rejected, Is my H1 still valid for the 7th year completion.

Any other sugesstions or comments please..I really appreciate your answers.

Thanks in advance.

Subbu03
 
Re: LC possible rejection ??

Originally posted by subbu03
Hello,

I am new to this forum...I hv my LC applied in July 2001 in CO in regular. The SESA, just recently taken the application and my AD went on. Unfortunately, there were 10 responses against the AD, and my company is skeptical on how DOL is going to accept after submitting that none of the 10 are suitable. Ofcourse, my company is going to do the process now on. I am really worried about the outcome of that, after waited for soooooooooo long.

I would like to get some expert opinions

Is my application ready to rejected, because of higher number of responses (I heard some resumes are very good...!!!).
------ we are not looking at other resumes, the best person to answer the question will be SESA officer, wait for the results and again it depends how your lawyer presented the case and argued the case

I am hearing from my friends also that, DOL can't reject my LC because my company find me very suitable for that position !!!!!..????..
------- your friends are wrong DOL can reject LC, SESA can also reject or ask more info from employer. It does not matter if the employer likes you very much or suitable for the position. all depends how the case is argued by lawyer with documentation. wait and relax!! if SESA or DOL need any claryfications they will write to lawyer/employer who filed LC. remember those who submitted resumes at that time for advertising may NOT be available at this time or in future for your company.
I am in the 7th year of my H1, if for some reason my LC is rejected, Is my H1 still valid for the 7th year completion.
------- Yes 7th year H1 will be valid even if LC gets rejected but no more 8th year H1 extension, no need to worry at this point let the result be out.
Any other sugesstions or comments please..I really appreciate your answers.

----- Try to find approved LC from any company that matches your education, Skills, EXP on the date that LC was FILED. if you are able to find this kind of approved LC then file I-140 with labor substitution and also file I-485, EAD AP.

Good Luck!!
Subbu03
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Thanks ginnu

Thanks ginnu for your answers...Just a lost set of questions to prepare myself in case if my LC is rejected...


I understand substitue labor would be an ideal choice..If not....

If I get an offer from an another company who dont have a substitue-labor, instead willing to do a H1. Is that possible ?. To process a new H1 (I think, till my 7th year end as per in my new H1 ??!!),

Do I have to get the labor filed informations to the new company's Attorney (What would happen, if my LC is rejected, while filing the new H1?!!) or simply my current I-797 for the 7th would suffice ?.

If I get a new H1, then they will file the LC and if it does not clear before the 7th year end or atleast, I should have 365 days when they file my new LC, otherwise after my 7th year I should go back...Correct ???.

Thanks
Subbu
 
Re: Thanks ginnu

Originally posted by subbu03
Thanks ginnu for your answers...Just a lost set of questions to prepare myself in case if my LC is rejected...


I understand substitue labor would be an ideal choice..If not....

If I get an offer from an another company who dont have a substitue-labor, instead willing to do a H1. Is that possible ?.
----- do you mean H1 transfer, yes they can file but if LC is rejected then H1 transfer based on 7th year H1 may create problems
To process a new H1 (I think, till my 7th year end as per in my new H1 ??!!),
------ do you mean FRESH NEW H1, NO they can not file for you becase you are on 7th year H1 and if LC gets rejected then to file new H1 you have to be out of US for 1 year
Do I have to get the labor filed informations to the new company's Attorney (What would happen, if my LC is rejected, while filing the new H1?!!) or simply my current I-797 for the 7th would suffice ?.
----- read above
If I get a new H1, then they will file the LC and if it does not clear before the 7th year end or atleast, I should have 365 days when they file my new LC, otherwise after my 7th year I should go back...Correct ???.

----- lost of confusion in your post, make it clear in steps and make one statement in one line then write new line. it seems muss up to me and best option for you is to go to good lawyer and seek your options. I am unable to answer, Sorry.
Thanks
Subbu
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