Possibility of Labor denial while on 8th year H1B extension

C

chamu

Registered Users (C)
Hi All,

I have a friend who is on his 7th year H1 extension. He just got the approval for 8th year extension, which is valid until May 2005. Our company applied for his labor in Dec 2001 in NJ. Our office in NJ closed in August 2002. Our lawyers just received an RFE from state DOL asking why they published the advertisement in NY Times when our office was in NJ etc. Our lawyers think that the DOL is going to reject the labor application, as we don't have an office in NY/NJ. Here are his concerns:

By staying in current company:

- Will his H1B be valid after they reject the labor?
- Can he apply for his labor in CA (where our HQ is) and get 9th year extension if the labor is still pending?


By joining other companies:

- Can he transfer his H1 (Which is valid up to May 2005) to another company and get an approval until May 2005?
- Can a company who already got an approved labor apply for his I-140 & I-485?


He is getting different answers from different lawyers. Some say he will be out of status once the labor is denied some say he could stay until this H1 expires.


I would really appreciate if you guys could share your thoughts on this.

Best Regards,
 
chamu,
badluck and sorry about your friend is going thru this bad time

he can get pre-approved labor but he has to make sure that the labor was filed before dec 2001 so that he can apply for 8th/9th year extension

if they reject the current NJ labor then he'll be out of status so better plan now itself so that he wont be in bad position

if the NJ labor is still pending ,yes he can apply once again from CA but with new labor
all the best for your friend, hope something will coming out for him
 
I have a friend who is on his 7th year H1 extension. He just got the approval for 8th year extension, which is valid until May 2005. Our company applied for his labor in Dec 2001 in NJ. Our office in NJ closed in August 2002 - where is your office now. what state. where are you working . Our lawyers just received an RFE from state DOL asking why they published the advertisement in NY Times when our office was in NJ etc. Our lawyers think that the DOL is going to reject the labor application, as we don't have an office in NY/NJ dol may not reject just because the office is not in ny or nj but as the company got closed and there were some issues in advertisement i feel it may be denied. your company can argue that the job opening is in ny so the advertisement were places in that state. your lawyer should have good skills to tackle this situation. . Here are his concerns:

By staying in current company:

- Will his H1B be valid after they reject the labor? h1b is valid for the period approved even if the gc labor is denied
- Can he apply for his labor in CA (where our HQ is) and get 9th year extension if the labor is still pending?
he can apply in CA but to get his 9th year extension based on the labor filed in CA its not possible as the labor should be pending or filed 365days earlier.


By joining other companies:

- Can he transfer his H1 (Which is valid up to May 2005) to another company and get an approval until May 2005?
gray area. if uscis ask for the status of the originial labor or if it checks with dol then the h1 transfer may be denied
- Can a company who already got an approved labor apply for his I-140 & I-485?
yes provided that preapproved labor matches your friends skill set and qualifications. but dont hunt for preapproved labor and land in more troubles. its better to go out for 1 year and comeback with fresh 6 year term than joining abusive bodyshoppers. do your homework. its your life.

He is getting different answers from different lawyers. Some say he will be out of status once the labor is denied some say he could stay until this H1 expires. he could stay (& work for the petitioning employer) until this approved h1 expires.


I would really appreciate if you guys could share your thoughts on this.

Best Regards,
 
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