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I am currently on an H1B visa (valid through August 2015). My employer had filed for my labor certification in June 2013. However, it was denied since the prevailing wage validity period exceeded the one year maximum permitted by the regulations.
The employer has already filed an appeal with the Office of Foreign Labor Certification, with the justification of why the prevailing wage did not meet the regulations. They were also suggesting to conduct a rehiring process for me and refile the my case as a new applicant.
My questions are:
1. How long does it take for the appeal decision to come through?
2. If the employer does go through the hiring process and refiles my case, can that go against my application leading to denial again?
3. In the event that labor certification is in process, and I change employers, what will be the pros and cons associated with the green card processing?
I will really really appreciate your advice on these. Thank you so much!
The employer has already filed an appeal with the Office of Foreign Labor Certification, with the justification of why the prevailing wage did not meet the regulations. They were also suggesting to conduct a rehiring process for me and refile the my case as a new applicant.
My questions are:
1. How long does it take for the appeal decision to come through?
2. If the employer does go through the hiring process and refiles my case, can that go against my application leading to denial again?
3. In the event that labor certification is in process, and I change employers, what will be the pros and cons associated with the green card processing?
I will really really appreciate your advice on these. Thank you so much!
