Qustion: NIW and Labor cert.

R

Robert8

Registered Users (C)
Hi, every expert here;

I learn some applicants here apply for NIW and also files labor certification as a backup. Given that NIW processing get stuck (as in the case of Vermont center), It is possible that labor get approval before NIW is touched. Since the waiver of labor certification is a major point of arguing in a NIW case, does it mean that if the labor is approved and filing a I140 based on the approved laber certification would automatically deny a NIW (for the same position)?

PLEASE COMMENT.

Thanks.
 
I do not think so.
I read somewhere...probably on BCIS website case study... that the Service claim they did not deny a NIW due to the bias that a LC was approved for that applicant.
check with lawyer to be sure.
 
Thank you for providing the link.

Eventhough it said there is no prejudice to filing I140 with labor in denial of NIW case mention.

CIS did question the labor waiver in NIW should they know that a labor is approved.(last paragraph on page 5 of the same document).

In other word, an applicant might need to withdraw the pending NIW should the labor is approved. Which might lead to loss priority date if the lab cert. is filed later that filing NIW.
 
You must log in or register to reply here.
Top