ApanaPasand
New Member
Hi,
This is a great forum, I with I found it earlier!
I came to the US with work on an L1B about 8 years ago, I worked at company A for ~3years. A Labor Cert was filed but I could not stand the crap salary I was getting relative to my peers, the company also knew it had me by the balls and was not in a hurry to help me. I left company A and joined company B. I got a H1B.
Company B applied for labor certification, filed in Oct 2001. So far, the Texas workforce commision is still on April 2001 (for years....
). I ran up against my visa cap after working for company B for a few years and have gone for one H1B extension so far, and preparing for my second. I really don't think anything is going to change on the labor cert issues for years come. I could be going to Mexico for H1B extensions for years.
One option I am considering is going back to the UK for 1 year with a company I know that has an office their and in the US. They said they will transfer me back under an L1A after a year and hence bypass the labor cert process. Alternatively, I can sit and wait. Other than that I am just about ready to throw in the towel and go back to the UK. My employers have lobbied local congressmen, consulted with different layers etc becuase if I leave, they will loose a major client I am handling. Before I do anything, I thought I would ask a few questions as I think the company attorney is a little 'inexperienced' in knowing the nuances of such matters unlike some here.
Q) Is there anything likely to happen with the massive Labor cert backlogs anytime soon worth continuing to sit and wait for? I heard that even with extensions to my H1B, I can't stay more than 10 years total. At this rate, I can see me still sitting and waiting for my labor cert even by then. Should I adopt a different strategy like file an RIR, PERM etc. There is a scathing, critical review of PERM over on visalaw.com, they reckon its a load of crap.
Q1) If I lost my current job, would I be forced to leave the states with being over the cap, if so, is there a grace period to sort my stuff out first?
Q2) Can I do anything concurrently that might help my case, like apply for a H1B with another employer etc to give me better shot at getting labor certifed.
Q3) If my labor cert case got denied, how long do you have before you become out if status.
Q4) If I do get a job in the outside the US with the intention of transfering back to the US, do I have to physically work at the new companies registered office?? For example, If the new company had its main office in the UK and handled me administatively though the main office, but seconded my to France or South America for a year, will they be able to file an L1A to get me back to the US?
Q5) How is time outside the US measured? Does it have to be one big block of 1 year? What if I had to pop back in the US for a meeting, surely I will not loose any 'outside' time I had before the visit. What is the basis? I have heard different things from different 'experts'.
Q6) Can I keep my house and investements in the US is I decide to leave and come back in sometime in the future?
Many thanks in advance.
l
This is a great forum, I with I found it earlier!
I came to the US with work on an L1B about 8 years ago, I worked at company A for ~3years. A Labor Cert was filed but I could not stand the crap salary I was getting relative to my peers, the company also knew it had me by the balls and was not in a hurry to help me. I left company A and joined company B. I got a H1B.
Company B applied for labor certification, filed in Oct 2001. So far, the Texas workforce commision is still on April 2001 (for years....
). I ran up against my visa cap after working for company B for a few years and have gone for one H1B extension so far, and preparing for my second. I really don't think anything is going to change on the labor cert issues for years come. I could be going to Mexico for H1B extensions for years. One option I am considering is going back to the UK for 1 year with a company I know that has an office their and in the US. They said they will transfer me back under an L1A after a year and hence bypass the labor cert process. Alternatively, I can sit and wait. Other than that I am just about ready to throw in the towel and go back to the UK. My employers have lobbied local congressmen, consulted with different layers etc becuase if I leave, they will loose a major client I am handling. Before I do anything, I thought I would ask a few questions as I think the company attorney is a little 'inexperienced' in knowing the nuances of such matters unlike some here.
Q) Is there anything likely to happen with the massive Labor cert backlogs anytime soon worth continuing to sit and wait for? I heard that even with extensions to my H1B, I can't stay more than 10 years total. At this rate, I can see me still sitting and waiting for my labor cert even by then. Should I adopt a different strategy like file an RIR, PERM etc. There is a scathing, critical review of PERM over on visalaw.com, they reckon its a load of crap.
Q1) If I lost my current job, would I be forced to leave the states with being over the cap, if so, is there a grace period to sort my stuff out first?
Q2) Can I do anything concurrently that might help my case, like apply for a H1B with another employer etc to give me better shot at getting labor certifed.
Q3) If my labor cert case got denied, how long do you have before you become out if status.
Q4) If I do get a job in the outside the US with the intention of transfering back to the US, do I have to physically work at the new companies registered office?? For example, If the new company had its main office in the UK and handled me administatively though the main office, but seconded my to France or South America for a year, will they be able to file an L1A to get me back to the US?
Q5) How is time outside the US measured? Does it have to be one big block of 1 year? What if I had to pop back in the US for a meeting, surely I will not loose any 'outside' time I had before the visit. What is the basis? I have heard different things from different 'experts'.
Q6) Can I keep my house and investements in the US is I decide to leave and come back in sometime in the future?
Many thanks in advance.
l
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