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L1 + H1 --> How soon should GC Labor Cerification be filed?

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  • L1 + H1 --> How soon should GC Labor Cerification be filed?

    I am currently on L1.
    I am selected in lottery H1-2016.

    I will complete 6 years on L1+ H1 in the 2017.

    For me to stay in US beyond 6 years(allowing me to apply for extension),
    1) Should GC Labor Certification just be filed?
    2) Should GC Labor Certification be approved?

    I will join my H Sponsored company in Oct 2015.
    3) How soon is the company legally eligible to file Labor Certification for me?
    4) What will happen if my Labor Certification is not approved before end of 6th year on L1 + H1.

    Thanks for all your responses

  • #2
    For you to stay beyond 6 years, you must be a beneficiary of an approved I-140 petition.
    A prospective employer can't file I-140 until the labor certification is approved.
    3) They can start the labor certification process right now, today.
    4) If your I-140 isn't approved by then, you're going home.

    Why didn't your employer file for a cap-exempt TN visa instead of a H visa?
    Last edited by inadmissible; 06-07-2015, 09:18 PM.

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    • #3
      L1 + H1 --> How soon should GC Labor Cerification be filed to avoid exit from US?

      Originally posted by inadmissible View Post
      For you to stay beyond 6 years, you must be a beneficiary of an approved I-140 petition.
      A prospective employer can't file I-140 until the labor certification is approved.
      3) They can start the labor certification process right now, today.
      4) If your I-140 isn't approved by then, you're going home.

      Why didn't your employer file for a cap-exempt TN visa instead of a H visa?
      Thanks for the prompt response.

      I found the below at H-1B_visa -->WIKI PEDIA.org

      The duration of stay is three years, extendable to six years. An exception to maximum length of stay applies in certain circumstances
      -If a visa holder has submitted an I-140 immigrant petition or a labor certification prior to their fifth year anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year or three-year increments until a decision has been rendered on their application for permanent residence.
      -If the visa holder has an approved I-140 immigrant petition, but is unable to initiate the final step of the green card process due to their priority date not being current, they may be entitled to a three-year extension of their H-1B visa. This exception originated with the American Competitiveness in the Twenty-First Century Act of 2000.[4]
      -The maximum duration of the H-1B visa is ten years for exceptional United States Department of Defense project related work.

      As per my understanding, filing of Labor Certification before 5th year provide entitlement to renew H1B beyond 6 years.

      Since this is from WiKi Pedia, authenticity is a question.
      Last edited by mexico; 06-07-2015, 10:33 PM.

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      • #4
        Originally posted by mexico View Post
        I found the below at H-1B_visa -->WIKI PEDIA.org
        -If a visa holder has submitted an I-140 immigrant petition or a labor certification prior to their fifth year anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year or three-year increments until a decision has been rendered on their application for permanent residence.
        My apologies - you are correct.

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