Labor issues in 485???

K

kannav32

Registered Users (C)
Hey Guys,

I have read in Sheela Murthy’s Web Site that if the Labor Certification was not done with the Companies Headquarters in mind, then it could bring about problems in the I485 stage.

I have the following Questions:-

1) Would it be a problem if your company had a “Regional Headquarters” in the location from where the Labor Certification was filed in case the beneficiary is working in a different part of the country? Does the company need to have it’s Headquarters in the location of Labor Approval?

2) In which section of the Labor Application is it mentioned that a person can work anywhere in the USA. (I am asking my employer details about the Labor Application and he is only giving me a copy of “PART B” of the application). Are there other sections of the Labor Certification Application?

3) Is there anything as a NATIONAL Level Labor? How can one apply for it?

I am sure that these issues would be of great importance to a lot of guys getting their GC done through DESI Employers now a days. I find that everybody I discuss this issue with is able to relate to it. It would be of great help if someone could explain this in good detail.

This forum is great for newbies like me in understanding immigration matters. Thanks
 
my 2 cents

hey,

As per my discussion with my lawyer the labor has to be filed where the company's headquarter is, no matter where the employee work!! My company has many regional headquarters but my lawyer didnt recommend to apply the labor from there. She says as per the rule we need to apply from where the headquarter is.

It is actually mentioned in ETA-750, point#7 (Address where Alein will work), this section says company's headquarter's address PLUS unanticipated client sites throughout USA.

To be honest, I dont know how does it affects the green card process.
 
My story is also similar to that of antropeter.

My Labor was filied in VA even though my reporting office is in NJ.
 
Hey guys,

Thanks you for your responses! Appreciate it!

This is a general problem for all the guys in Consulting who are hanging on to the very last thread to get a GC. It is surprising that this issue is not discussed in detail. I would appreciate some one could shred some definitive light on this issue.
 
Now what happens if one has filed labor in City A with Company A, and then the Company A gets baught by Company B in location B. The green card application is still valid as the assets and liabilities are carried over to company B, but I think it is fine as long as the person continues to work in location A though the new company B.

Another twist, what happens if Company B decides to shut down location A? What happens to green card?
 
I guess as long as I-140 is approved person should be OK with GC because ideally I-485 should not involve any employer details involved in the case. There will be lots of 'ifs' and 'but's' otherwise. This is a big debatable issue. My 2Cents !
 
confused

My company withdrew my labor application from CA (regional office) when they relocated me to New York (their headquarters) saying that it is required to file the labor where the person is working. Now I am stuck in the NY labor mess :mad: . I am wondering if there was a chance for them to have continued in CA. I would have probably had my card in my hand by now :confused:
 
kannav32 said:
Hey Guys,

I have read in Sheela Murthy’s Web Site that if the Labor Certification was not done with the Companies Headquarters in mind, then it could bring about problems in the I485 stage.

Thanks
Click to expand...

Could you please post the link here ( where did you read in muthy's website)

Thank you
 
This is what I am referring to.

http://www.murthy.com/chatlogs/chat0107.html

But, it is a bit clearer on usvisanews and says as below.
"If the Labor Certification was not done with the company's headquarters in mind and with a statement letting the Department of Labor know that the work site might change, then the Labor Certification (and all of the subsequent filings) was based on her position AND LOCATION. "

http://www.usvisanews.com/questions/wedquest031302.shtml

Based on this, is it required to fill #7 on ETA-750A as "work site might change" ? What if there is a specific location mentioned in this column?

I am trying to get a copy of my LC application from the attorney, but looks like it will be delayed. :mad: In the mean time, I am confused, and scared that after all the trouble thru LC and I-140, there is still a chance of 485 getting rejected. :(
 
Hey Guys,

This has happened to a couple of people. One of who I know very closely. This type of cases come up when the I485 is transferred to local USCIS offices. Especially when you are called for interview.
:eek:
 
Last edited by a moderator:
I guess as long as I-140 is approved person should be OK with GC because ideally I-485 should not involve any employer details involved in the case. There will be lots of 'ifs' and 'but's' otherwise. This is a big debatable issue. My 2Cents !
Click to expand...
This is not always true. I485 takes into consideration your Labor Application, place of work, intent to be employed with the current or processing employer etc. To think that once Labor & I140 have been cleared it is plain simple Adjustment of Status and nothing more is a wrong presumption. Seen this issue break peoples careers.
 
what to do now?

My employer refuses to give me part A of ETA-750 saying that I don't need it. :( Do employers usually give ETA-750 out to employees?

This is where the location of the job is mentioned. When I told him about my concerns, he says that I don't have to worry and he has consultants working all over US although their labor is filed from company's regional headquarters. Please advise, what I should do? Should I try and find a client in the location where the labor is filed from? :confused: How can I make sure that the attorney filed it as "work location can vary" if I don't have the form with me?
 
Kannav32,

The issue of where the labor is applied from is important and sometimes may lead to problems in 140 or 485 however the chances of that happening are very rare. I know number of cases where the labor was not filed from headquarters of a company and GC was approved without problem. I know cases where labor was filed from a local office which was opened to get the LC faster and they got their GCs. In fact the company i work for have sometime back opened a office in Chicago and had informed employees’ who’s labor is pending to take benefit of faster filing at Chicago if they want (headquarters is NJ).

The way the attorney handles the matter would make all the difference. If you feel there is any complication in your case, consult an attorney who is good and not associated with your employer.
 
Thanks, bhandus2004!

I agree that it might not be a problem, but I just want to be extra careful as my 6 yr H1 period will end mid next year. After spending so much time and energy on this process I don't want it to be derailed just before the last hurdle. I heard this can become an issue if my case gets transferred to a local office.

I was planning on consulting an external attorney not associated with my company, but how can I do that now, since my employer is refusing to give me a copy of ETA-750 part A.
 
kannav32 said:
Thanks, bhandus2004!

I was planning on consulting an external attorney not associated with my company, but how can I do that now, since my employer is refusing to give me a copy of ETA-750 part A.
Click to expand...

Labor and GC processing is for intend to employ a person in future. So a person can be working for a company A at an office in location X ( i am not talking about the client location .. it is the office where your employer draws your pay slips ) but still if the company A has office in location Y they can file labor through the office Y saying when the GC gets processed they would employ him full time in office Y. And when the labor is filed through office Y it has to be filed in the local labor office under whose jurisdiction it falls, then when the local office process it goes to the region labor office and the final approval comes from there. So, as long as labor is filled from office Y and they state that they intend to employ you in office Y after your GC there is no problem but if they say that they would file labor through office Y but would want to employ you in office X then the labor can't be filed in Y jurisdiction and has to be done in X local labor office.
I am not sure what happens if a labor application is filed in region Y instead of in region X, if it gets transferred to other region or gets rejected .. you might try labor forums for more information ..
 
You must log in or register to reply here.
Top