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  • Employment based residency

    Hi Guys,

    I'm here on a H1B been working with my employer for just over 2 years....and am thinking about getting ready to renew my H1B for a second 3 years....However my employer has said they would be willing to sponser me for employment based permanent residency...I am wondering what this process is like? How long does it take? What forms does my employer need to file? Do I still need to renew my H1B while this other option is being being processed.....
    Any advice would be most appreciated...

  • #2
    Hi Guys,

    I'm here on a H1B been working with my employer for just over 2 years....and am thinking about getting ready to renew my H1B for a second 3 years....However my employer has said they would be willing to sponser me for employment based permanent residency...I am wondering what this process is like? How long does it take? What forms does my employer need to file? Do I still need to renew my H1B while this other option is being being processed.....
    Any advice would be most appreciated...

    Comment


    • #3
      The employment based green card petition is quite a long and tedious process. Before your employer could file the adjustment for you, he needs to submit a request for labor certification before the Department of Labor, to attest that there are no Americans who could meet the requirements needed to fill in the position that they are offering you. Go for the Reduction in Recruitment, over the traditional way of obtaining labor cert. Getting an approval from the DOL can stretch somewhere between 6 months to 1 yr. After the labor cert has been approved, then your employer can file both the I-130 and the I-485, together with the I-765 (work authorization).

      You may need to renew your h1b to keep you in status. simultaneously, your labor cert could be started.

      Which state are you in and in what industry are you working for? some friends are in between jobs and I would like very much to help them find an employer.

      Thanks!

      Thanks!

      Comment


      • #4
        Thanks for the input cicero, I work in Florida and sometimes California, my job requires some travel...I'm a chemist and work in a specialized environmental field....

        Is the Labor certification the same process as when we filed for my H1B? Or is it a different process....also what is the recruitment reduction method you mentioned?

        Thanks

        Comment


        • #5
          Cicero,

          Forget to wish good luck to you're friends that are inbetween jobs...are they also H1B holders? Are they not now out of status? Good luck to them....

          Comment


          • #6
            The labor cert application is almost similar to the Labor Attestation that your employer submitted to the INS in completion of your H1B application. Look this link up in the dol site:

            http://www.dol.gov/libraryforms/go-u...mber=1205-0011

            this would show you the form needed and the requirements to fulfill.. the reduction in recruitment (RiR for short), is a shorter way of filing for labor cert. it starts with your company advertising for the position they have for you ( 2 to 3 months continuous advertising), collect resumes. there would be applicants, yes, and these resumes are needed later on for your employer to prove that they went thru recruitment. then, the application is submitted to the dol. the traditional way of getting an l/c is that one where in the DOL does the ads, recruitment- this can take years! so, go for the rir labor cert.


            as to your question about my friends- yes, on is on h1b, is a chem engineer. and he wants to find another employer for his next 3 years under h1b.. do you think your employer is hiring?

            thanks!

            Comment


            • #7
              Thanks cicero,

              Wow, seem the form for the Labor Cert. has changed since the one that was filed for me. When I got my H1B they faxed it to the computer system and got an approval in 24 hrs.....I will let my employer know about the Advertising so they can start to investigate that...

              So I have to go ahead and renew my H1B too? What is that process like? What willmy employer have to do? Is it a whole new petition or is their a special application proceedure for H1B renew??

              I don't think my employer is hiring at the moment, but if they do I can let you know...

              Thanks

              Comment


              • #8
                do you know which employment category you fall under? there are 5 categories, the first category doesnt require the filing of the labor cert, one could go straight for the green card right away.. this is true for exceptional workers, with advanced degrees, professors who are into research, and all that.. you might wanna check if you are eligible under the "priority worker" category and you might be able to skip the l/c process..

                a friend of mine says that it will be a good time to file for an l/c because the dol will process them 30 days from receipt (starting june or july), if this pushes thru, then better. but if not, you are lucky to have found an employer who is willing to sponsor you all the way..

                if you are consulting a lawyer regarding this, then i guess you would be told in greater detail what is needed.. ask for premium processing if you want to speed up the application. additional $ 1,000 atop the filing fee.

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                • #9
                  i forgot to mention that that h1b is an all-new petition, that needs to be adjudicated by the ins. the same form needs to be filled up I-129. filing fee of $ 1,130.00.

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