Unique situation, or not?

M

MxS

New Member
Unique situation, or not? Need your comments please!!!

I've Google'd and searched (almost) everywhere, but couldn't come accross a similar case, so your comments/assistance/advise will be greatly appreciated!!


I came to the US with Company A, using Lawyer A and filed under RIR.
I'm on my last H1 extension, which is valid until March 2008.

While LC in progress, Company A merges with Company B, using Laywer B.
LC is finally approved, but Lawyer B tells me that Lawyer A messed up on the LC (insufficient Job Description/Title/etc.) and we cannot use that LC to go to the next step(s).

Company B starts a new LC under PERM, using the "incorrect" LC for my priority dates, and we're about to file (waited the necessary 30+ days).

Company C approached me and offered me a very good position/salary/sponsorship, but I'm not sure if it's advisable, or even possible, to switch at this late stage.

Here are my questions:
1. Could the "incorrect" LC have been amended/changed and used for filing or going to the next step(s)?
2. Can Comany B hold the "incorrect" approved LC open so that should I go to Company C, I don't lose my priority dates?
3. Should I go to Company C and start from scratch, what are my chances/options at this late stage?

Again, I shall appreciate your comments/advice tremendously!! :)
 
Last edited by a moderator:
Here are my questions:
1. Could the "incorrect" LC have been amended/changed and used for filing or going to the next step(s)?
>>> Once a labor cert is approved, it cannot be amended. What probably happened is that the labor cert was filed with a job description or requirements you didn't fit, so it's useless to YOU (not necessarily useless to the company).

2. Can Comany B hold the "incorrect" approved LC open so that should I go to Company C, I don't lose my priority dates?
>>> Any pending or approved labor cert filed on your behalf could be used for your future H-1 extensions, but you can only use a priority date for a green card application if you have an approved I-140 based on that labor cert.

3. Should I go to Company C and start from scratch, what are my chances/options at this late stage?
>>> You could very well go to Company C, use one of your previous labor certs to keep extending your H-1, but a new labor cert would need to be filed for green card purposes. You would not be able to use a previous priority date you had for green card purposes.
 
DanielaDeLaVega said:
3. Should I go to Company C and start from scratch, what are my chances/options at this late stage?
>>> You could very well go to Company C, use one of your previous labor certs to keep extending your H-1, but a new labor cert would need to be filed for green card purposes. You would not be able to use a previous priority date you had for green card purposes.
Click to expand...

Thanks so much for your comments Daniela. :D

So let's say I do go to Comany C and start all over with the H1, Labor Cert etc., can I use the previously approved Labort Cert date with Company C if Company B "owns" the previously approved Labor Cert?

Can Company B use that Labor Cert for someone else, but I still use the priority date? This is the area that I am quite unsure of, so any other info will be helpful! :)

And how will the H1 deadline/extension be effected if I switch to Company C? Would I have to leave the US for one year or not once I start from scratch?
 
So let's say I do go to Comany C and start all over with the H1, Labor Cert etc., can I use the previously approved Labort Cert date with Company C if Company B "owns" the previously approved Labor Cert?
>>> If you have a copy of the labor cert approval notice, you would be able to use the previously approved labor cert priority date with Company B for H-1B EXTENSION PURPOSES ONLY, not for your green card process.

Can Company B use that Labor Cert for someone else, but I still use the priority date? This is the area that I am quite unsure of, so any other info will be helpful! :)
>>> Yes, Company B can give that labor cert to someone else to use for his or her green card application, but you would still be able to use the priority date for your H-1B extensions only.

And how will the H1 deadline/extension be effected if I switch to Company C? Would I have to leave the US for one year or not once I start from scratch?
>>> If you port your H-1 to Company C, you'd still have the March 2008 expiration date.

###
 
Is it at all possible, if Company B agrees (in writing), to keep my LC open and still process my GC, to file for a new H1 with Company C?

Or can I only have an H1 with one comany at any time? In other words I'd have to do a H1 transfer from B to C.

I really want to go to Company C but at the same time do not want to jeopardize my current status/progress ...
 
You must log in or register to reply here.
Top