| Q. |
(2) I-140 pending based on Labor Substitution and H1 extension
Thanks for your response earlier.
Can you reword your statement - "Your I-140 alone has been pending for more than one year so you should minimally...". I am not sure If I understand this correctly.
I do understand that I can apply for H1 extension 6 months before expiration and in this case that would be Aug 2009. Are you saying that I can apply for 1 year extension if 140 is PENDING on Aug 2009? If it's denied before Aug 2009, then I don't have any basis for extension.
If DOL audits my case if I have EB2-PERM and EB3-140 pending, then do I need to pick either EB2 or EB3 and withdraw the other case? Is it sufficient to send an explanation that I am keeping my options open and DOL will process BOTH the applications independent of each other?
User's Location:
Palatine, Illinois, United States of America
Category:
Employment-based Green Card
|
| A. |
If your green card is not approved by the end of your six years of H-1B time, you should be able to extend your H-1B status by one year. At worst you should be able to obtain one year H-1B extensions based on green card paperwork started more than one year ago. You can apply for a one year extension if I-140 is approved or still pending come August 2009. You cannot if I-140 is denied.
IF DOL audits your second labor cert filing, you do not need to choose one over the other or withdraw one. It should be sufficient that you are interested in both options and want to keep that open until you decide.
Regards,
Andrew M. Wilson, esq.
awilson@srwlawyers.com |
| |
Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
|
| Q. |
Thanks. I will look into starting EB2 soon. The EB3 Labor was approved for "Software Engineer" position (OCC Code 15-1032 http://online.onetcenter.org/link/summary...) (Zone 4). If I want to apply for EB2 (I have a MS + 3 years experience before joining the current employer) with the SAME company, if the title is "Senior Software Developer" (which also falls under Zone 4), will there be an issue?
My intention is to possibly interfile the EB2 with the EB3 priority date when filing for EB2-140. |
| |
|
| A. |
Requiring a master's degree and three years experience for a Job Zone 4 position will very likley trigger a business necessity audit from the DOL. Those requirements are above what the DOL thinks is normal, so they will issue an audit and require the company to provide the business necessity reason(s) as to why they are requiring a master's degree and three years experience for the position offered. The company should be prepared to address this business necessity audit when filing the PERM application.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
| |
Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
|
