Substitution labor case..

W

WhataboutGC

Registered Users (C)
Hello,
I have a year left on my H1. I've used labor substition for my I140.
Nd is 10/28/03. Have applied for I-485 etc.. ND is 11/12/03 from vsc. What will be my options if my I-140 is denied next year?
 
Originally posted by WhataboutGC
Hello,
I have a year left on my H1. I've used labor substition for my I140.
Nd is 10/28/03. Have applied for I-485 etc.. ND is 11/12/03 from vsc. What will be my options if my I-140 is denied next year?
Click to expand...

Why do u think your 140 will be denied?

-dyno
 
Attorney says need to take one year break from US

In the same boat and have some doubts if I140 may get rejected.

Attorney says need to leave the US for an year and can come back on new H1. Cannot stay here on H4/student or terrorist visa.
 
If you are left with more than a year you may apply for new Labor certification. Or else find out new labor, which you can use again immediately
 

There are other options like filing for a new labor and applying for H1B extension(7 year extension now permissible). Consult with your respective attorneys to find if either is feasible.

hth
dyno
 
Labor Substitution with EAD

Hi,

My company wants to cancel my H1 and I am in the 6th year of my H1. Mine is a Labor substitution and I got my EAD. What my lawyer says is that I can work on my EAD through the same company. But I am in a tight situation here if my 140 is denied then I am no where. I can't apply for 7th year extension. I want some suggestions.

Thanks in advance
 
Re: Labor Substitution with EAD

Originally posted by GC7
Hi,

My company wants to cancel my H1 and I am in the 6th year of my H1. Mine is a Labor substitution and I got my EAD. What my lawyer says is that I can work on my EAD through the same company. But I am in a tight situation here if my 140 is denied then I am no where. I can't apply for 7th year extension. I want some suggestions.

Thanks in advance
Click to expand...
Is there a reason why your company is cancelling your H1? Since your status is AOS you are eligible for 7th year extension.

If I were you I would apply for 7th year extension and if 140 is denied start the labor process again. Most of eastern states approve labor in around a year, so you can use that to start the next GC

hth
dyno
 
Re: Re: Labor Substitution with EAD

Originally posted by dynobuoy
Is there a reason why your company is cancelling your H1? Since your status is AOS you are eligible for 7th year extension.

If I were you I would apply for 7th year extension and if 140 is denied start the labor process again. Most of eastern states approve labor in around a year, so you can use that to start the next GC

hth
dyno
Click to expand...

Thanks for your reply,

The reason for cancelling my H1 is because they want to minimize expenses by not maintaining my H1. Since mine is a labor substituion I told them to wait till I get my 140 approved. And they keep telling me that in company's history there was no denial for 140. I will also take second opinion from my lawyer.
 
GC7

Tell them that you will pay. If it is second extension, you might not need to pay anything to INS, just a lawyer fees.

My suggestion “keeps H1 alive till 140 is approved unless you are 100% sure". Which I think you are not.
 
Originally posted by usnycus
GC7

Tell them that you will pay. If it is second extension, you might not need to pay anything to INS, just a lawyer fees.

My suggestion “keeps H1 alive till 140 is approved unless you are 100% sure". Which I think you are not.
Click to expand...

Appreciate your suggestion. I will try to convince them.
 
H1 costs are minimal now; about $130 is filing fee

H1 filing costs should not be more as the filing fee is about $130. It should not be a burden to the company or the employee. Try to extend the H1 on every year.

If the I140 gets rejected , what I heard is to leave the US for one year. Cannot use another LC to file I140/I485 immediately I guess. Please double check.
 
Re: H1 costs are minimal now; about $130 is filing fee

Originally posted by satya27476
H1 filing costs should not be more as the filing fee is about $130. It should not be a burden to the company or the employee. Try to extend the H1 on every year.

If the I140 gets rejected , what I heard is to leave the US for one year. Cannot use another LC to file I140/I485 immediately I guess. Please double check.

No he can file for another labor right away. Or if he has a substiutute labor can file for 140 based on that and remain in the US.

hth
dyno
Click to expand...
 
Hi Gurus.......

Will 180 days clock (assuming I140 approved with in this time frame) apply for Labor substitution cases too? I appreciate for your information. Thanks in advance...........
 
Re: Hi Gurus.......

Originally posted by Gc Pain
Will 180 days clock (assuming I140 approved with in this time frame) apply for Labor substitution cases too? I appreciate for your information. Thanks in advance...........
Click to expand...


Labor substitution cases are no different from regular cases. Yes, 180 ays applies to labor substitution too!

hth
dyno
 
The only case where 7th year H1 will be useful to you is if your 140 is rejected.
Then you can work till the end of the 7th year on H1.
That is not much of an advantage.

In all likelyhood your 140 will be approved and you will not need the H1.

In case it is rejected, that will happen after a few queries that will take thru year 7 anyways.

I don't see much that you can gain by 7th year H1.

7th year H1 is useful only if
1) your case is still awaiting labor.
2) You want to get your spouse into the country on H4 without having to wait for AP
Opinions pipe ?
 
There is no use of H1 7th year if you have EAD.
Exception: You are single and wants to marry outside US. Can bring spouse in future.

You can't gain from 7th year extension. 7th year H1-B extension is dependent on pending AOS/140/LC. If denied during any stage of the employment-based proceedings (LC or I-140 or I-485), then 7th year H-1B is also terminated. You have to leave US.
 
Last edited by a moderator:
Originally posted by usnycus
If denied during any stage of the employment-based proceedings (LC or I-140 or I-485), then 7th year H-1B is also terminated.

You have to leave US.
Click to expand...

As for as i know Although H1 is based upon Pending Labor/I-140 it will be valid until the end of the expiry of H1 it self. H1 will not become invalid if GC process is discontinued for any reason. He should be able to stay here until seventh year is completed. That is reason attorneys are asking to stay on H1 rather then using EAD.


Can you please Re-verify this.
 
Last edited by a moderator:
Verified with Attorney. He said that one might not get termination letter from USCIS regarding H1 but if an individual decides to stay after immigration petition denial based on which 7th year H1-B was granted, he/she will be accumulating "unlawful Presence".

Also check following link: "http://www.immigration-law.com/"

Follow these instructions:

1) Go to the above link and click on "Breaking News!" located on right hand side panel.
2) Search for "Archive VI [11/01/02 - 02/28/03]/ " and click on that link.
3) Search for "H-1B Professionals Approaching 6-Year Limit" and read that posting.
 
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