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Issue with labor not filed 365 days before H-1B expires

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  • Issue with labor not filed 365 days before H-1B expires

    Hi,

    I need some help/advice and I would really appreciate if someone can help me. This is regarding labor application ETA-9089 for green card not being filed before 365 days of my H-1B expiration date.

    My H1-B expires on Jan 15, 2016 and my labor certification application 9089 was filed on March 06, 2015. Since my labor wasn't filed 365 days before my H1-B expiration date, I know if the labor takes time I will be out of status.
    - Should I stay here to see if my labor gets approved in time? or is it very risky to go out of the country to India for a few days at some point in Aug-Sept to claim those days back and make it 365 days?
    - The visa stamp on my passport expires on 12/28/2015 so I am not sure if that could cause any trouble when I come back in Oct-Nov? Or do you advise to leave early probably around May-June for India?
    - Usually how much time does it take for the labor to go through?
    - Assuming that I stay here and if my labor doesn't get approved in time, I will have to go out of the country until I-140 is done. Does anyone know if it is a problem coming back here considering that I will have to go for visa stamping during that time? Are there any immigration issues while coming back?
    - Is there any option to get around this?

    All my time outside the country has been recaptured already.

    I know these are lot of questions but I would really appreciate if you can help.
    Last edited by invincibleruler; 03-16-2015, 05:04 PM.

  • #2
    Did you figure out how to tackle the situation?

    Comment


    • #3
      I got lucky as my labor got approved in about 6-7 months. If it hadn't been approved, I would have left the country for those days to be recaptured later.



      Originally posted by shevas2003 View Post
      Did you figure out how to tackle the situation?

      Comment


      • #4
        When does attorney file ETA-9089?
        As soon as the add for PERM is posted or sometime later?

        Comment


        • #5
          hai i want to go us

          I completed my diploma 4years and in India I have 5 years of work and I wabt to apply h1b please help weather I am eligible. For going to us for job 10+DIPLOMA 4YEARS MY PH NO 7674811523 some help me

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          • #6
            The form is filed after the advertisement phase is complete.

            Originally posted by mirekti View Post
            When does attorney file ETA-9089?
            As soon as the add for PERM is posted or sometime later?

            Comment


            • #7
              Originally posted by invincibleruler View Post
              The form is filed after the advertisement phase is complete.
              Thanks for the reply. I found this on another forum:

              1. employee submits information - 1 wk
              2. employer submits job description - 1 wk
              3. lawyer verifies - 1 wk
              4. finalize job description and get exp letter format - 1 wk
              5. employee gets exp letter - 1 wk
              6. apply for pwd - takes 4-6 wks
              7. advertisement - 30 days
              8. cool off period - 30 days
              9. update labor application with info - 1/2 wk
              10. employee and employer verify information - 1/2 wk
              11. uscis verifies employer information - 1/2 wk
              12. submit perm application - total : 19-21 weeks process

              Are you saying the E-9089 is applied after step 7?
              Thanks a lot.

              Comment


              • #8
                I believe it is the 12th step.


                Originally posted by mirekti View Post
                Thanks for the reply. I found this on another forum:

                1. employee submits information - 1 wk
                2. employer submits job description - 1 wk
                3. lawyer verifies - 1 wk
                4. finalize job description and get exp letter format - 1 wk
                5. employee gets exp letter - 1 wk
                6. apply for pwd - takes 4-6 wks
                7. advertisement - 30 days
                8. cool off period - 30 days
                9. update labor application with info - 1/2 wk
                10. employee and employer verify information - 1/2 wk
                11. uscis verifies employer information - 1/2 wk
                12. submit perm application - total : 19-21 weeks process

                Are you saying the E-9089 is applied after step 7?
                Thanks a lot.

                Comment

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