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Thread: H1 and LC...help me!

  1. #1
    i just appealed for my H1 coz it got denied....is it possible that if my h1b appeal got denied, which i hope will not happen..can i file a new petition under labor certification under a new sponsor and new position? please help me..thanks.

  2. #2
    i just appealed for my H1 coz it got denied....is it possible that if my h1b appeal got denied, which i hope will not happen..can i file a new petition under labor certification under a new sponsor and new position? please help me..thanks.

  3. #3
    First, when you say labor certification, do you actually mean labor certification as in the first stage of permanent residence or a new Labor Condition Application (LCA - part of the H-1B process)? If you are still in legal status, say by still being under an F-1 and working on PRectical Training, you can still apply for an H-1B with a different employer. I wouldn't apply for permanent residence unless you were on a dual intent visa (H-1, L-1, etc. but not F-1 even with Practical Training) - otherwise you will likely have trouble re-entering the US if you travel. You can technically file a labor certification to get a start on the permanent residence process even if out of status, BUT it won't do you any good unless the penalty provision of 245(1) is brought back.

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