Need Help in making Decision wiht GC Labour

maverickvasu

Registered Users (C)
My company filed an RIR in the month on Oct 2001. The state office has cleared this RIR and sent to Regional office in the month of Oct 2002. Last week, Regional office sent a letter to our company attorney that my RIR was denied (please find attached a copy of the notice).

Fair Isaac has head office located at Minneapolis, Minnesota. Majority of my group works from Minneapolis. I sent a request to file one more RIR from Minnesota, while I am staying in San Diego, as Labor Certification appears to be much faster there when compared to California. I am not sure of the exact reason, but our company attorney feels there is some risk involved and would not prefer doing so even though there was precedence in the past. Through our HR, I was told that the fresh RIR from Minnesota may be filed only after my move to Minneapolis. Since our company is not ready to pay the moving expenses, and given my unique situation, I would like to take the experts opinion before taking any steps. Therefore, I have put together the following questions and I would appreciate if you could provide the necessary answers. Also, please feel free to provide me any additional advice/opinion that you may feel necessary. The whole purpose of this exercise is to understanding the implications of my option of moving to Minnesota and testing my luck by filing a fresh RIR OR staying put in California and holding my breath.

1. Even though my first H1 was filed in the month of April’ 1998, I have joined in the job on the 14th Dec 1998. The expiry date on my H1 visa is noted as 27th Feb 2004. So, my question is when my 6 years period of H1 will end? Is it on 27th Feb 2004 or 14th Dec 2004? The reason I am asking this question is that, if I move to Minnesota, file RIR and receives a denial, I would like to ensure that I stay covered by the clause that my Labor Certification was waiting for more than 360 days before the expiry of my H1.
2. After completion of the supervised recruitment process with the SWA and after transferring my application to the regional office, what would be the priority date at the regional office? Is it the date of arrival of my supervised recruitment process application at the regional office? In other words, do I have to again wait from my turn at the regional office in the non-RIR queue all over again?
3. Can I have LC process going on in two different states simultaneously? In other words, if I decided to move to a different state then do we necessarily have to discontinue the labor certification process in California?
4. Majority of my group works from Minnesota. I would like to hear the legal expert opinion from you that would help me to make a much more informed decision. I am seeking your advise in understanding the implications of moving to Minnesota and testing my luck by filing a fresh RIR OR staying in California and hold my breath. I fully understand that I will be responsible for what ever decision I make and I just want to hear from legal perspective given the vast amount of prior experience you already have in addressing similar immigration/Green Card cases.
5. What is the shortest possible time to file a fresh RIR in Minnesota and what are the chances of it being approved?

I truly appreciate all your help.
 
1When you got H1 visa stamped in passport
2 When you entered US (6 years are counted from entry date)
3 Did you have H1 transferred or extended because first time petition is valid for 3 years only then it has to be renewed.
4 Where is your employer H.Q (not asking where you work at client site)
5Where are you working on H1b status? Did you have LCA for that area to work on H1? LCA is for H1B and LC is for future job or GC

6 Where was your LC filed in past? Did it get rejected? Reasons? Cant employer file again?

One can work at different location on H1b and LC is filed in SESA or SWA that covers the employer H.Q

RIR can only be filed if employer has minimum 6 months advertising completed

You can file LC from different employer also( not H1 holder) as GC is for future job, you can file one LC through H1 employer and also can file LC through other employer ( if you find one)

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