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  • Pending labor cert from former employer

    Hello there.

    1. I have a pending labor cerficate with my previous employer, filed 4/30/01, how do I know that it is still in process?
    Last letter I received from them (DOL) was 2/14/05 thru this employer.
    This former employer is going under but still operating, can they still continue the process until green card, and what are the chances?

    2. If this is approved, what good does this do since I am no longer with this employer?
    Can another company willing to sponsor pick it up?
    Or do they they to reprocess labor certificate even if it is for the same job description?

  • #2
    Hello there.

    1. I have a pending labor cerficate with my previous employer, filed 4/30/01, how do I know that it is still in process?
    Last letter I received from them (DOL) was 2/14/05 thru this employer.
    This former employer is going under but still operating, can they still continue the process until green card, and what are the chances?

    2. If this is approved, what good does this do since I am no longer with this employer?
    Can another company willing to sponsor pick it up?
    Or do they they to reprocess labor certificate even if it is for the same job description?

    Comment


    • #3
      You can not transfer labor certification to another employer and yes ! new sponsor must start new LC process under perm. Good news ! It takes 45 to 60 days to be approved ones you file new application. There is approx. 2 months recruitment process before you can actually file it. My advise? Get a good lawyer and start new case asap.

      Comment


      • #4
        Rida.
        Thanks for the prompt reply.
        Do you know how long it takes to get the I-140 approved? Forgive but I am ignorant about this,
        Is this the green card already or work permit?
        You think I can get a work permit even if I am out of status now? Thanks.

        Comment


        • #5
          Once you labor certificate is approved and certified than your previous employer must file I-140 petition for alien worker. It takes about 3 months for petition to be approved. Employer is required to submit tax return and eligibility to pay you prevailiage wage. Since you no longer with the company you can not get the green card thru them unless they willing to hire you again after you get a work permit. Once I-140 is approved you can file for work permit and adjustment of status ( green card). You are eligible since you are grandfathered of 245i ( LC petition filed before april 2001) Once you get work permit ((I`m not sure when since your LC is still in process. Once approved it takes approx 3 to 6 months to get work auth.) you must stay with previous company for at least 6 months and pay all taxes. You will need your pay stubs once you will have the interview.
          What kind of letter did you receive on 4/30/05. Was it 45 day notice?

          Comment


          • #6
            Sorry on Feb 14 2005 ?

            Comment


            • #7
              Rida.
              The letter is from DOL Titled Center Receipt notification letter with ETA case number

              Comment


              • #8
                Rida.
                If it is a LC is with the new sponsor would the timing still be the same? And once the I-140 is approved, can I still be approved get a work permit even if I am out of status now.Thanks.

                Comment


                • #9
                  Why you `ve been saying you no longer with employer ??? Anyway if LC was filed with new sponsor the timing stays the same for I -140 and work permit. But you don`t know how long you have to wait to get your LC certified. Your LC is somewhere in backlog center and it may take 20 to 30 months till will get approved. In the meanwhile your employer should get a 45 day notice letter asking if he wishes to continue the case. He has to respond in 45 days otherwise your LC process will be closed. As I mention before you will qualify since you covered by 245i. You will have to pay 1000$ fine and file I-485 supplement A additional to I-485.

                  Comment


                  • #10
                    Mary ! If you start a new case with new sponsor.
                    Timming is as fallow:
                    LC thru perm about 4-5 months
                    I-140 : 3 months
                    work permit: 3 months
                    green card : 1 year or more depends on interview.
                    You can keep your priority date from previous filed application before April 2001.

                    Comment


                    • #11
                      Thanks again, Rida.
                      That is well said.
                      I appreciate it.

                      I guess I will work on getting a new sponsor then than stickint it out with my former employer.
                      Again, thanks.

                      Comment


                      • #12
                        Good luck and search for a good lawyer with at least 10 years experience in employment based category.

                        Comment


                        • #13
                          LC is not issued to a person but its issued to company and its transferable.... so even if its approved it can be used for someone else in same profession.
                          Its a discussion, not a legal advise..

                          Comment

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