Question about Labor cert and I-130

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frobinsn2001

Registered Users (C)
I have a petition in from a sibling from 2002, I also live and work in US with a H1, I have started my application for GC via employment and am in the first stage Labor certification (LC) process(started in 2004). I have two questions:

1) can you have two applications in for a GC at the same time one a I-130 the other via employment

2) If I was to switch companies would it affect my LC and I have to start over or does the LC process continue

Would really appreciate any responses
 
I have a petition in from a sibling from 2002, I also live and work in US with a H1, I have started my application for GC via employment and am in the first stage Labor certification (LC) process(started in 2004). I have two questions:

1) can you have two applications in for a GC at the same time one a I-130 the other via employment
---YES
2) If I was to switch companies would it affect my LC and I have to start over or does the LC process continue
---- if your I-140 is not approved and I-485 is not pending more than 180 days then you cant use AC21. if only LC pending and you change the employer then you have to start the GC process by filing new LC because LC is not portable to new employer
 
Re: Response

:( :)

Thanks ginnu for the quick response, I'll just have to start over then if i switch or ride out the 6 month period after switching. I saw that the I-130 for the vermont center was at Jan 99 aaahh, such is life. I have a couple of Questions again
1) Does having a H1 make a difference in anyway with Family filings? i.e improves the time for processing.

2) If my h1 expires can I stay because of this application (I-130) which is well over 180 days or this doesn't apply to family filings.
 
Thanks ginnu for the quick response, I'll just have to start over then if i switch or ride out the 6 month period after switching. I saw that the I-130 for the vermont center was at Jan 99 aaahh, such is life. I have a couple of Questions again
1) Does having a H1 make a difference in anyway with Family filings? i.e improves the time for processing.
---if you have H1 or remain on H1 it has advantages for you. it does not improve I-130 processing faster, H1 and I-130 are diffrent petitions and have no lonk
2) If my h1 expires can I stay because of this application (I-130)
---NO
which is well over 180 days or this doesn't apply to family filings.
----AC21 doesn't apply to family filings
 
Originally posted by frobinsn2001
I have a petition in from a sibling from 2002, I also live and work in US with a H1, I have started my application for GC via employment and am in the first stage Labor certification (LC) process(started in 2004). I have two questions:

1) can you have two applications in for a GC at the same time one a I-130 the other via employment
Click to expand...

Have you investigated that a future beneficiary of the PR (family) process, can get visas at the US consulate?

H1 being dual intent, I don't know. But for student if you have applied for PR then your visa at the consulate might get rejected.
 
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