New Labor Cert

S

Sam6

Registered Users (C)
Hello A
I have an urgent question,my employer is currently filing my labor certification,they're running a series of ad's for my position.After that they are going to file my labor certification.My job is in VA.
However given the changes happening at DOL ,BEC/PERM etc if they finish the recruitment efforts in 2 months and this is filed in March would that be enough to beat the requirement of filing 1 yr before 6 years ends.
My 5th year ends on May7,2006.

What is the indication that it is filed,does a receipt notice have to be received,and DOL has to acknowledge that the file is received,or does anything else signify that the case is filed.
Since in this case it would go to NPC i assume would they have to give a receipt notice by May7th to acknowledge that they got the file,or would a fedex receipt be enough?
Please advise gurus this is time critical,else i will have to put lot of pressure on them.
Thanks,
Sam6
 
Your 6th year will end on 7th of May 2007. To qualify for 7th year extension your labour certification should be filed by 6th of May 2006.
 
Sorry i typed it wrong,my 5th year ends on may7th, 2005,not 2006.
What indicates filing,does it have to be an actual receipt notice from DOL?
Thanks
Sam6
 
Also

Yes, it's your receipt date of your LC that starts the clock.

But you need to remember that 7th yr extension at the LC stage is given once your case has been pending for more than 1 year in that stage.

Even AILA is saying that PERM will be published next week which means PERM would be effective in late February 2005 so you can either try to beat that date or you may need to make some adjustments to your recruiting efforts based on PERM recruiting requirements.

If you do file under PERM, it is unlikely that your case will be pending for 1 year, ie will get certified sooner than that.

That would put you in the I-140 and I-485 stage when your H-1 expires. There is also talk that concurrent application of I-140 and I-485 may be eliminated. If this is the case then your I-140 would need to be pending for more than 1 yr to extend your H-1. If you reach the I-485 stage because you are still able to apply concurrently or because your I-140 gets approved before your H-1 expires then you are ok because you can get an EAD.

Hope that helps
 
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