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  • Where to file labor certification?

    Hello,

    Here is my situation: my labor certification was filed through RIR 3
    years ago and it reached the San Francisco SWA, November 2002. So I am
    expecting a reply VERY soon. It seems that all the RIR are being
    denied in California, so I am looking for a plan B.

    My questions to you experts is: where must the labor certification be
    filed? Can I ask my company to file another one for me, say in Iowa?
    Basically what I am asking is whether the labor certification
    application location is tied to the job location or company's office
    location or both?

    Thanks for replying,
    Ben

  • #2
    Where to file labor certification?

    On Mon, 29 Sep 2003 09:52:20 -0700, Ben Eliyazar wrote:
    Hello, Here is my situation: my labor certification was filed through RIR 3 years ago and it reached the San Francisco SWA, November 2002. So I am expecting a reply VERY soon. It seems that all the RIR are being denied in California, so I am looking for a plan B. My questions to you experts is: where must the labor certification be filed? Can I ask my company to file another one for me, say in Iowa? Basically what I am asking is whether the labor certification application location is tied to the job location or company's office location or both?
    It is tied to the job location. If you have bona fide plans to move to
    Iowa, then, yes, your employer should file there.

    --
    Remember, I am strictly a layperson without any legal training. I encourage
    everybody to seek competent legal counsel rather than relying on usenet
    newsgroups.

    Please support H.R. 539, H.R. 832 and S. 1510. More information at
    http://www.kkeane.com/lobbyspousal-faq.shtml

    Please visit my new FAQ at http://www.kkeane.com (always under construction)

    My email address in usenet posts is now invalid for spam protection. See
    my Web site for information on how to contact me.

    Now with new photos! Please feel free to enjoy some of my photographs at my
    new Web site http://www.ingopakleppa.com ! Comments are welcome.

    Comment


    • #3
      Where to file labor certification?

      Thanks Ingo for the reply.

      So let's say I have a bone fide reason now. But by the time the Labor
      Certification comes through my company decides not to relocate me or
      the job I was relocating for gets canceled.

      What would happen then? Will I loose the Labor certification even if I
      am still working for the same company. or can I use it to file the
      I-140 and the I-485?

      Thanks,
      Paul



      Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. ..
      On Mon, 29 Sep 2003 09:52:20 -0700, Ben Eliyazar wrote:
      Hello, Here is my situation: my labor certification was filed through RIR 3 years ago and it reached the San Francisco SWA, November 2002. So I am expecting a reply VERY soon. It seems that all the RIR are being denied in California, so I am looking for a plan B. My questions to you experts is: where must the labor certification be filed? Can I ask my company to file another one for me, say in Iowa? Basically what I am asking is whether the labor certification application location is tied to the job location or company's office location or both?
      It is tied to the job location. If you have bona fide plans to move to Iowa, then, yes, your employer should file there. -- Remember, I am strictly a layperson without any legal training. I encourage everybody to seek competent legal counsel rather than relying on usenet newsgroups. Please support H.R. 539, H.R. 832 and S. 1510. More information at http://www.kkeane.com/lobbyspousal-faq.shtml Please visit my new FAQ at http://www.kkeane.com (always under construction) My email address in usenet posts is now invalid for spam protection. See my Web site for information on how to contact me. Now with new photos! Please feel free to enjoy some of my photographs at my new Web site http://www.ingopakleppa.com ! Comments are welcome.

      Comment


      • #4
        Where to file labor certification?

        You could still have them file the I-140, but you could not file an I-485
        based on that job offer unless you had the bona fide intention to actually
        work there.

        In practical terms, CIS looks for one of two things. Either, you must
        already be working there (on H-1B, for instance), or you must work there
        after the I-485 is approved. In that second case, the general rule of
        thumb that you should work there for at least a year.

        AC-21 makes things a bit more interesting, and it would now theoretically
        be possible to never work there, as long as you can show that the plans
        changed after the I-485 has been pending for 180 days. However, I would
        expect the burden of proof to be pretty high for that.

        On Tue, 30 Sep 2003 08:46:30 -0700, Ben Eliyazar wrote:
        Thanks Ingo for the reply. So let's say I have a bone fide reason now. But by the time the Labor Certification comes through my company decides not to relocate me or the job I was relocating for gets canceled. What would happen then? Will I loose the Labor certification even if I am still working for the same company. or can I use it to file the I-140 and the I-485? Thanks, Paul Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. ..
        On Mon, 29 Sep 2003 09:52:20 -0700, Ben Eliyazar wrote:
        Hello, Here is my situation: my labor certification was filed through RIR 3 years ago and it reached the San Francisco SWA, November 2002. So I am expecting a reply VERY soon. It seems that all the RIR are being denied in California, so I am looking for a plan B. My questions to you experts is: where must the labor certification be filed? Can I ask my company to file another one for me, say in Iowa? Basically what I am asking is whether the labor certification application location is tied to the job location or company's office location or both?
        It is tied to the job location. If you have bona fide plans to move to Iowa, then, yes, your employer should file there. -- Remember, I am strictly a layperson without any legal training. I encourage everybody to seek competent legal counsel rather than relying on usenet newsgroups. Please support H.R. 539, H.R. 832 and S. 1510. More information at http://www.kkeane.com/lobbyspousal-faq.shtml Please visit my new FAQ at http://www.kkeane.com (always under construction) My email address in usenet posts is now invalid for spam protection. See my Web site for information on how to contact me. Now with new photos! Please feel free to enjoy some of my photographs at my new Web site http://www.ingopakleppa.com ! Comments are welcome.
        --
        Remember, I am strictly a layperson without any legal training. I encourage
        everybody to seek competent legal counsel rather than relying on usenet
        newsgroups.

        Please support H.R. 539, H.R. 832 and S. 1510. More information at
        http://www.kkeane.com/lobbyspousal-faq.shtml

        Please visit my new FAQ at http://www.kkeane.com (always under construction)

        My email address in usenet posts is now invalid for spam protection. See
        my Web site for information on how to contact me.

        Now with new photos! Please feel free to enjoy some of my photographs at my
        new Web site http://www.ingopakleppa.com ! Comments are welcome.

        Comment

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