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  • New Immigration Laws

    Hi

    I know that there are some laws in the works that may change the process some employment based immigration processes.I would appreciate any additional information/confirmation/links regarding these:


    1) If an employee has an H-1B and it has been a year since he applied for EITHER adjustment of status or Labor Certfication, the H-1B can be extended beyond the 6 year limit. I believe this law is already in effect.

    2) If an employee applied for Labor Certification and the application is pending for more than a year, the employee may change employers (as long as he/she maintains legas satus, of course), and the application may still be effective and the employee will be able to proceed with the process through his new employer, but with the labor certification from the old employer. Can anyone please confirm / post more information.

    3) The labor certification process will be replaced by a "good faith" process, by which all REASONABLE application, which comply with all guidelines are approved, but may be audited later by the DOL. This will shorten the process considerably.

    I am pretty sure #1 is effective. Can anybody confirm this? With regard to #2 and #3, any idea if they are true and when they might go into effect?

    Thanks.

  • #2
    Hi

    I know that there are some laws in the works that may change the process some employment based immigration processes.I would appreciate any additional information/confirmation/links regarding these:


    1) If an employee has an H-1B and it has been a year since he applied for EITHER adjustment of status or Labor Certfication, the H-1B can be extended beyond the 6 year limit. I believe this law is already in effect.

    2) If an employee applied for Labor Certification and the application is pending for more than a year, the employee may change employers (as long as he/she maintains legas satus, of course), and the application may still be effective and the employee will be able to proceed with the process through his new employer, but with the labor certification from the old employer. Can anyone please confirm / post more information.

    3) The labor certification process will be replaced by a "good faith" process, by which all REASONABLE application, which comply with all guidelines are approved, but may be audited later by the DOL. This will shorten the process considerably.

    I am pretty sure #1 is effective. Can anybody confirm this? With regard to #2 and #3, any idea if they are true and when they might go into effect?

    Thanks.

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