Labor Got Rejected... Please Help... Please Help...

[chamu]

Hi All,
I'm using my friends Id, I've registerd for 1 id with immigration.com, and still waiting for the confirmation email... Since this is very urgenty i'm using my friends id.

My Labor got Rejected, The officer working on it gave a curtousy call to the company attorney yesterday, the reason being the company closed down the local office.
Two weeks before I got approval for another year of H1 extension, which is valid till May 2005.

I've offer from another company with an approved labor from Iowa.

Here are my concerns..?

1) My Company says, they will apply for labour from California (Non-RIR) next week and will try to get extension next year) Is there any possibility of this working out...?

2) Since the labor application is rejected yesterday... Is the new H1 valid..?, (since it is issued because of a pending labor and the labor is not pending any more)

3) Is there any issues taking the approved labor from the new company...?, (They are ready to start processing day after tomorrow, planning to transfer the H1 to the new company and also file I140 and 485 together)

4) If the new company applied for h1 transfer + i140 and 485, and say the h1 transfer got rejected in about 3 months (Say The department found out that the labor in NJ is rejected) Will i be illegal after that (even after the I140 & 485 are applied)..?.. Is there any possibility I get to a stable stage with
I140 and 485 being filed (since the h1 processing time is over 2 months).

5) If moving to the new company is safe, should i try for premium processing of H1 transfer.. or regular, which is better..?

6) If moving the new company is safe, Should i wait for I140 receipt notice before i start working for the new company...? (they might be willing to wait for that)

7) Should i completely forget about the new company becuase that will be too risky, and try to stick with the current company and stay for another year and look for options after a year...?

8) Do i even have any other option...


desperately in need of help...

thanks alot
Joe

 

[vortex]

Hi All,
I'm using my friends Id, I've registerd for 1 id with immigration.com, and still waiting for the confirmation email... Since this is very urgenty i'm using my friends id.

My Labor got Rejected, The officer working on it gave a curtousy call to the company attorney yesterday, the reason being the company closed down the local office.
Two weeks before I got approval for another year of H1 extension, which is valid till May 2005.

I've offer from another company with an approved labor from Iowa.

Here are my concerns..?

1) My Company says, they will apply for labour from California (Non-RIR) next week and will try to get extension next year) Is there any possibility of this working out...?

*****This is a good idea and if your Non-RIR labor will be one year old by May 2005 (you didnt mention the day), then you can use this labor to extend your stay.

2) Since the labor application is rejected yesterday... Is the new H1 valid..?, (since it is issued because of a pending labor and the labor is not pending any more)

*****Even though your labor is rejected, the H1 extension based on the labor is valid till the period approved. Only thing is you cant use the labor to get your next year extension.

3) Is there any issues taking the approved labor from the new company...?, (They are ready to start processing day after tomorrow, planning to transfer the H1 to the new company and also file I140 and 485 together)

*****Make sure that the new company's ability to pay is good so that you will not have any problem in 140 approval. Check their 140 record and decide accordingly. Also consult a good lawyer (dont consult the new company's lawyer) on the labor match with your skills and experience. This is also really important to confirm. Also make sure that the labor is not used for somebody else.

4) If the new company applied for h1 transfer + i140 and 485, and say the h1 transfer got rejected in about 3 months (Say The department found out that the labor in NJ is rejected) Will i be illegal after that (even after the I140 & 485 are applied)..?.. Is there any possibility I get to a stable stage with
I140 and 485 being filed (since the h1 processing time is over 2 months).

*****Since your labor is already rejected I doubt on you getting an H1 transfer approved for the new company based on this rejected LC. It is a risk. Best bet is you can file 140/485 right away if the approved labor matches you and use its receipt to transfer the H1.

5) If moving to the new company is safe, should i try for premium processing of H1 transfer.. or regular, which is better..?

*****Premium process (cost is $1000) will let you know whether the H1 transfer go thru or notin 10-15 days of filing. But the normal process is taking 4-6 months and later if it is rejected you will be out of status.

6) If moving the new company is safe, Should i wait for I140 receipt notice before i start working for the new company...? (they might be willing to wait for that)

*****Using the 140/485 receipt for H1 transfer is good idea.

7) Should i completely forget about the new company becuase that will be too risky, and try to stick with the current company and stay for another year and look for options after a year...?

*****Check if the new company is ready to file a 140/485 without you joining them immediately. If they agree, that would be gr8.

8) Do i even have any other option...


desperately in need of help...

thanks alot
Joe

See my answers starting with *****
My main suggestion is at any case, whether you plan to stay with your current company or not, file a Non-RIR LC immediately.

--Vortex.