Is this the right time to file for GC?

[Quest99]

I work for a reputed company, their HQ is based in US. I am on H1 with them and they are ready to file GC for me. My questions:

1. Is this the right time to apply for GC?
2. I am afraid that my labor itself won't get approved?
3. If my labor is not approved or declined, are there any chances for me not getting GC at all in the future?

Also, I am planning to visit India for my vacation (my H1 in the passport is getting expired next yr only). Is this right time to go out and come back to US? I heard scary stories that people are sent back from the airport. How far this story is true? Have anyone of you heard any similar stories?

Please help me.

[fromnaija]

There is nothing like a 'right time' when it comes to dealing with USCIS. My view? "The earlier the better"

[Quest99]

Originally Posted by fromnaija

There is nothing like a 'right time' when it comes to dealing with USCIS. My view? "The earlier the better"

Thanks for your reply.

But my concern is that these days H1 extension or H1 transfer is not getting approved or delayed (lotsof RFEs), so in this situation (considering current recession in the US), will the labor be approved?

[ebizash]

Quest99 - No one can really tell you if your labor will get approved or not. It depends on many things including lay offs at your company, size of your company, demand for your skills/position in the market etc.

But if your lawyer is recommending that you file for labor, I would go with that advice. Without filing, you wouldn't know the chances for approval anyways.

This is just my advice and take it for what it is worth.

Good luck!

[Prashanthi]

Originally Posted by Quest99

I work for a reputed company, their HQ is based in US. I am on H1 with them and they are ready to file GC for me. My questions:

1. Is this the right time to apply for GC?
2. I am afraid that my labor itself won't get approved?
3. If my labor is not approved or declined, are there any chances for me not getting GC at all in the future?

Also, I am planning to visit India for my vacation (my H1 in the passport is getting expired next yr only). Is this right time to go out and come back to US? I heard scary stories that people are sent back from the airport. How far this story is true? Have anyone of you heard any similar stories?

Please help me.

As long as the labor is filed properly and you are able to disqualify all the candidates that apply you should not have a problem in getting the labor approved, because of the bad economy the DOL has indicated that they will have more audits, this of course is no reason for audits as the law clearly states that the state of the economy cannot be a factor in approving or denying cases. Therefore as long as everything is done properly you should not have a problem even if you get an audit asking for all the recruitment information.

With reference to leaving and coming back into the country on H-1, in some instances the Officers are questioning if you still have a job, it would be a good idea to carry a letter from your employer giving details of your employment and that you were granted vacation to travel.

[knacath]

What happens if during the course of recruitment a qualified candidate is located?

Is the employer obligated to hire that candidate? Or can the employer just not go through with the PERM process (assuming the PERM candidate has a different back-up option e.g. someone converting from EB3 to EB2, marrying a US citizen in the future etc.)

[Prashanthi]

Originally Posted by knacath

What happens if during the course of recruitment a qualified candidate is located?

Is the employer obligated to hire that candidate? Or can the employer just not go through with the PERM process (assuming the PERM candidate has a different back-up option e.g. someone converting from EB3 to EB2, marrying a US citizen in the future etc.)

He is not obligated to hire him as long as he does not file your case.