Question: can we file labor if there is layoff in the company

A

activex111

Registered Users (C)
Hi All,
My lawyer was just about to file for my labor application when some layoffs were announced in my company including my dept. Does this affect the labor filing process.. if yes, how long do we have to wait before we can file the labor.. someone please post back.. appreciate it.. thanks
 
If US workers with your skills are being laid of you may find it impossible to get an LC. Layoffs certainly raise several questions regarding the availability of US workers and the corporate ability to pay the offered wage. Resolving these issues will probably take some time and slow down GC processing.
 
Jim,

Yes, but, if he submits the application now, most likely it will be reviewd in a year or even more. At that point, company's position might be different and who would really care about layoffs that happened couple years ago?
 
Jim,

In that scenario why are the RIR cases being
held up. When I filed for an LCA there were
no layoff's neither was the economy bad.

Got screwed because of the 245(i) applications
filed with the CA SESA. And then everything went
south by the time my application reached DOL.

And now DOL is reviewing applications based
on the current state of the job market.

So how do they (SESA/DOL) actually work. Guess
this is a million dollar question that no one knows.

Thanks & Regards!

Originally posted by Jim Mills
DOL and SESA might, after all that's when the recruitment was done.
Click to expand...
 
That's true but that should come as no surprise either since there must be a CONTINUING job offer at least until the I-485 is filed. The economy and availability of US workers effects the validity of the the job offer evidence of layoffs certainly brings into question whether the job is really available and "permanent."
 
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