labor got denied

H

h1b_slave

Registered Users (C)
I am in my 7th year and my labor got denied one month back and same time my lawyer also applied for the 8th year extension. Should I even hope that extension will come thru or not ? DOL denied few cases and gavce the reason that there were lay off in my company some 3 months ago tho my case was pending for last 3 years. But same person from DOL approved few cases from my company only after 1 month. Do these people at DOL just work like if they are in good mood they approve and if they are not in good mood they deny? For the same company they reject some case and give the reason that your company did lay off some people and then they approve the cases from same company and for the same skill set foreigners like me. IS this DOL a big joke or just my bad luck ? Do I have any option left now or pack my bags and get out of the H1 Slavery ? Please let me know if anybody have any idea.

Regards,
H1B
 
7th year (or any subsequent year) extension is based on pending LC/140/485. If any of the above gets denied, you will be out of status.

Only option for you have is to find employer having pre-approved LC who is willing/able to substitute you as a beneficiary.
 
hmm my only question is that can the same guy sitting at DOL can approve and reject some cases and give lay offs the reason for rejected ones ? The company is same so the lay off is same for all the cases. But this Moron approves some cases and rejects some just because he was in good or bad mood or may be he likes the name of few and not others. I know he rejected lots of desi name and approved chink names and I have talked to this guy and he himself is a chink immigrant working in DOL now. Can he dare do that kinda stuff or what ? I am gonna take this to CNN and all news channel soon. I have his direct no. and everything. I don't want GC but I want to raise my voice against these morons. H1b's are living slavery kinda life because of these morons.
 
h1b_slave said:
hmm my only question is that can the same guy sitting at DOL can approve and reject some cases and give lay offs the reason for rejected ones ? The company is same so the lay off is same for all the cases. But this Moron approves some cases and rejects some just because he was in good or bad mood or may be he likes the name of few and not others. I know he rejected lots of desi name and approved chink names and I have talked to this guy and he himself is a chink immigrant working in DOL now. Can he dare do that kinda stuff or what ? I am gonna take this to CNN and all news channel soon. I have his direct no. and everything. I don't want GC but I want to raise my voice against these morons. H1b's are living slavery kinda life because of these morons.
Click to expand...

If the positions are different then the layoffs may not matter as much. For example, if a company lays off recruiter, that does not mean that they are not able to get LCs approved for Software Engineers. If the LCs are for the same positions, it was probably an error to approve the cases. I can't address the racial implications.
 
your employer may appeal the decision if the other approved cases were in the same job classification.

but you should work with your employer or attorney to find a solution to maintain your legal status. act fast.
 
i would suggest that you try to get your case reopened and also have your attorney challenge the denial. If you really believe that there is racism involved, then you can put that as one of the reasons in the challenge. But without concrete proof, you will only make it worse. You cannot speculate, you need hard proof.
 
frostrated said:
i would suggest that you try to get your case reopened and also have your attorney challenge the denial. If you really believe that there is racism involved, then you can put that as one of the reasons in the challenge. But without concrete proof, you will only make it worse. You cannot speculate, you need hard proof.
Click to expand...

Appeal the denial to the BIA. If the LC is on appeal there is no final decision and you remain eligible for an H-1 extension. You need to start another LC immediately in case the appeal is denied.
 
appeal the denial

dude appeal the denail...your case might be sent to LC back log center and then it might take 11/2 years..that will give you time to think about other options
 
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