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ddk
10-02-2012, 02:43 PM
Hi,

I will be completing my 6 year of H-1B period in December,2013 and looking at project need and in order to get one more year of extension in my 6th year, my employer has initiated my Green Card process and field my Perm Labor in month of June 20012.

But unfortunately in month of September,2012 I got audit on my Labor Perm process and in between my employer moved our office location from Texas to New Jersey. Because of change in office location from one state to other state. Attorney suggested my employer to withdraw my case and refile a fresh case from New Jersey.

Now my employer withdrawal-ed Texas case and working on filling the fresh Perm Labor from New Jersey. Looks like it will take altogether 3 months for filling.

Questions?

1)Since my employer filling fresh Perm Labor in January,2013(I have less than 365 days before completing 6 years on H-1B)

Will I get one year extension, as I will be completing 6 years in December,2013(did not have any re-capture period)?


2) Can I use my withdrawal Perm Labor(from Texas) for H-1B extension?

Please help me to get answers on above questions.

Thanks

PERM12
10-02-2012, 03:01 PM
Questions?

1)Since my employer filling fresh Perm Labor in January,2013(I have less than 365 days before completing 6 years on H-1B)

Will I get one year extension, as I will be completing 6 years in December,2013(did not have any re-capture period)?


2) Can I use my withdrawal Perm Labor(from Texas) for H-1B extension?

Please help me to get answers on above questions.

Thanks

1. No you can not. however you have a lot of time for Perm to process...i hope you can get approval by then. With the approved PERM you can get 1 year extension.

2. NO you can not use old PERM application since that is withdrawn.

Good luck for your GC journey!!

ddk
10-02-2012, 04:14 PM
1. No you can not. however you have a lot of time for Perm to process...i hope you can get approval by then. With the approved PERM you can get 1 year extension.

2. NO you can not use old PERM application since that is withdrawn.

Good luck for your GC journey!!

Thanks for responding!

I heard from one of the friend that while requesting H-1B extension we can club both labor certification (withdrawn and fresh one) together for reference. And show we have initiated the Labor process 1 year back (sometime in june 2012) when field labor first time.

Could please confirm this understanding?

Thanks

pappu
10-02-2012, 05:36 PM
To my understanding 1 yr extension is based on approved labor and not in process labor.

A question for you-- why did you wait until last year to apply for greencard. Want to understand the circumstances or your choice to go for greencard in the final year.

pappu
10-02-2012, 05:36 PM
To my understanding 1 yr extension is based on approved labor and not in process labor.

A question for you-- why did you wait until last year to apply for greencard. Want to understand the circumstances or your choice to go for greencard in the final year.

simple.life
10-02-2012, 09:08 PM
some employers, like big banks, wait till the last year to file for GC so as to use all of the 6 years on h1b, its general policy for most employees. Prior to applying for 7th year extension they usually will try and recapture time spent outside the country which will grant enough time for labor to get approved. This is probably not the case with this OP though

greyhair
10-02-2012, 10:14 PM
some employers, like big banks, wait till the last year to file for GC so as to use all of the 6 years on h1b, its general policy for most employees. Prior to applying for 7th year extension they usually will try and recapture time spent outside the country which will grant enough time for labor to get approved. This is probably not the case with this OP though

What kind of low life are such employers? Is this really true? I will never work for such employers.

pappu
10-03-2012, 06:00 AM
Why blame employers?
Look at it from the perspective of the employer too if one wants to fully understand the law and wish to have it changed.
Firstly it is not a law that employer is required to sponsor for greencard. So employees need to have the right expectation. An employer can only choose to sponsor for greencard if the employee is valuable enough to invest further after 6 years. And then they have to first see if no us citizen is available to do the job. If none is found only then they can pursue the application for greencard further. This is the law and companies have to follow this law. The process requires lot of HR time and cost involved in recruitment process and paperwork.

Secondly, It all comes down to making the right choices and individual priorities. We make mistakes or have to make compromises due to individual situations in life. If someone chooses to work for such companies they should be ready to suffer setbacks in immigration matters. The gain might be a good experience, salary and growth. Likewise some people work for sweatshops fully knowing what they are in for and what they will lose. Some choose to work for Startups knowing potential financial rewards and risks involved.

Ultimately it is employee who makes these choices and is responsible for decisions in an open market where there is no compulsion to stick with the employer. In this case if the employee knows that the company is not going to file Until the last year, the employee has a choice early on to make a shift to a new employer rather than waiting till the last year and hoping for the best. Problem comes only after the labor application is filed and if the employee wishes to get the greencard, he has to stick around for the application to get approved in the next stages or else lose the application and start all over again. But if someone is on h1b and has not started the process, there is lot of freedom to change employers and find one that will value the employee for what he is bringing to the table.