You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Layoffs and NOF in RIR
- Thread starter kakoo
- Start date
NOF issued due to layoffs
Hi,
I am in a tough position with only 5 months left on my 6 year expiry. Applied for RIR/EB2 in March and have received NOF because of layoffs in company, my lawyer says that in all probability my RIR will be rejected as they want proof that there were no layoffs in the past 6 months and guarantee that there will not be anymore in the future 6 months. Please help. How should we respond back?
Any feedback is greatly appreciated,
Manju
Hi,
I am in a tough position with only 5 months left on my 6 year expiry. Applied for RIR/EB2 in March and have received NOF because of layoffs in company, my lawyer says that in all probability my RIR will be rejected as they want proof that there were no layoffs in the past 6 months and guarantee that there will not be anymore in the future 6 months. Please help. How should we respond back?
Any feedback is greatly appreciated,
Manju
ins_waiter
Registered Users (C)
No Title
If your company is small, then no big deal just ask your company president to write a letter stating that we are doing very well even in this economy and there were no layoffs and there will be no layoffs. In a small company no body is layed off, they are just fired.
If your company is very big and layoffs are announced in the papers then your lawyer is right, they might reject your application.
This is the only way out, some how make the current RIR application into a Regular Labor application. Donot File a New application.
According to the law if your application is delayed for more than a year, you are allowed to extend your h1 even after 6 years. That will buy you some time. Also file for canadian residency.
Best of luck.
If your company is small, then no big deal just ask your company president to write a letter stating that we are doing very well even in this economy and there were no layoffs and there will be no layoffs. In a small company no body is layed off, they are just fired.
If your company is very big and layoffs are announced in the papers then your lawyer is right, they might reject your application.
This is the only way out, some how make the current RIR application into a Regular Labor application. Donot File a New application.
According to the law if your application is delayed for more than a year, you are allowed to extend your h1 even after 6 years. That will buy you some time. Also file for canadian residency.
Best of luck.
No Title
Hi ins_waiter,
You seems to be quite knowledgeable. Please clarify whether delay of
application for more than 1 year is suficient to get extension .
i heard that the delay should be more than one year and also I140
should have been filed. That means LC must be approved.
Do you know of any case where without filing I 140 just on the basis
of one year delay extension has been granted.
Hi ins_waiter,
You seems to be quite knowledgeable. Please clarify whether delay of
application for more than 1 year is suficient to get extension .
i heard that the delay should be more than one year and also I140
should have been filed. That means LC must be approved.
Do you know of any case where without filing I 140 just on the basis
of one year delay extension has been granted.
Extension beyond six years
Following is the AC21 regulation for extension of H1B beyond six years:
(H1B extension beyond the sixth year is available to an individual if 365 days or more have elapsed since a labor certification
application or an employment-based immigrant petition were filed, and either the petition or adjustment of status application have been filed. The extensions are available in one-year increments until adjustment processing is completing.)
Which means that either I-140 or I-485 must be filed before the end of six years of H1B (AND) 365 days or more have elapsed since a labor certification application or I-140 were filed. You can find the details of AC21 in various immigration attorney\'s web sites.
Following is the AC21 regulation for extension of H1B beyond six years:
(H1B extension beyond the sixth year is available to an individual if 365 days or more have elapsed since a labor certification
application or an employment-based immigrant petition were filed, and either the petition or adjustment of status application have been filed. The extensions are available in one-year increments until adjustment processing is completing.)
Which means that either I-140 or I-485 must be filed before the end of six years of H1B (AND) 365 days or more have elapsed since a labor certification application or I-140 were filed. You can find the details of AC21 in various immigration attorney\'s web sites.
ins_waiter
Registered Users (C)
No Title
kakoo,
I dont think you need a approved labor certificate, you just must have a filed a labor certificate and it should have been be pending for a year to get a extension.
kakoo,
I dont think you need a approved labor certificate, you just must have a filed a labor certificate and it should have been be pending for a year to get a extension.