Will I get H-1B 7th ext. and if I do what about labor cert.

J

Jaldi GCMalijay

New Member
I am employed with company A since Feb., 1999 and my 6 yrs. of H-1B expires end of Feb, 2005. I filed for labor with NJ WC in March, 2002 and it took them July, 2004 to look at my file. After reviewing they said since the ads for RIR were placed in Jan. or Feb. 2002 my company will have to place them again. So we did and company got more than 30 applicants. My company does not want to proceed with this RIR anymore because it will be hard to deny all. But because they want to keep me, so they said that due to my level as being senior they will file a new RIR becuase the old one was entry level and that is why they got that many applicants. But my company filed for my 7th year H-1 extension under premium processing and was received by USCIS on Nov. 5th, 2004 and the deadline for my RIR was Nov. 9th, 2004 which they withdrew yesterday. :confused: Will I be getting my 7th year H-1?. Can my company file for a new RIR with a new job description?. OR Regular filing will be good?. Since my company withdrew before Nov. 9th deadline will we have to wait 6 months before we can apply for new Labor Cert.?
 
Jaldi GCMalijay said:
I am employed with company A since Feb., 1999 and my 6 yrs. of H-1B expires end of Feb, 2005.

I filed for labor with NJ WC in March, 2002 and it took them July, 2004 to look at my file. After reviewing they said since the ads for RIR were placed in Jan. or Feb. 2002 my company will have to place them again. So we did and company got more than 30 applicants. My company does not want to proceed with this RIR anymore because it will be hard to deny all.
But because they want to keep me, so they said that due to my level as being senior they will file a new RIR becuase the old one was entry level and that is why they got that many applicants.
But my company filed for my 7th year H-1 extension under premium processing and was received by USCIS on Nov. 5th, 2004 and the deadline for my RIR was Nov. 9th, 2004 which they withdrew yesterday. :confused: Will I be getting my 7th year H-1?.
----- I think NO, becase no LC is pending for you at this time, they should have withdrawan RIR LC after 7th year got approved. if the USCIS approves the 7th year H1 it will be mistake of USCIS and can be discoved later, you must discuss with your lawyer

Can my company file for a new RIR with a new job description?. OR Regular filing will be good?
--- they can file but it will have no use becase it will not be pending 365 days before you hit 6 years
. Since my company withdrew before Nov. 9th deadline will we have to wait 6 months before we can apply for new Labor Cert.?[/QUOTE

------ your company/company lawyer seem to be confused, disscuss your options with your lawyer.
*** if you company has any LC approved and it matches your education, exp BEFORE the date that LC was filed then file I-140, I-485,EAD AP with LC substitution
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