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File or Not To file for Labor Certification process (the first step in the Green Card

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  • File or Not To file for Labor Certification process (the first step in the Green Card

    I have pleaded guilty two times ,1st in Minnesota Mar-2009 for Disorderly Conduct and 2nd time in CA April -11 for Domestic Violence.
    1st time in Minnesota, we (me and my wife) were not aware of legal consequences and my wife called 911 for a small argument. To avoid longer legal consequences, I pleaded guilty and was sentenced for 8 hrs of Anger Management Program and 1 year Probation.
    2nd time in CA, again it was an argument between me and my wife. My wife was arguing with a very loud voice and this time a neighbour called 911 and hence my arrest, though my wife was consistently denying any assault to her. I do have a permanent Software Engineer job and I do have kid. I pleaded guilty for 3 reasons.
    1. Not to impact my job and wanted to wind up all legal consequences.
    2. Not to impact my kid’s emotions as he had observed my arrest and was missing me badly while I was in county jail for 1 day.
    3. Upon my lawer advising/threating me to plead guilty just to avoid to testify my small kid,who is just 6 yrs old, infront of jury.
    So I was senteced for 18 months probation (till Oct-12) and 32hrs of Anger Management Program, which I’m continuing as of today.
    Now my employer has started all the initial steps to process my “Labor Certification” and pushing me hard to file for it. My employer is a big MNC and it has employed its own 3rd party agency to handle all the immigration process (i.e. Green Card) for all the required employees. Now I need your expertise opinions for the following queries:
    1. If I start my filing for “Labor Certification”, definitely the 3rd party agency will come to know about my charges. But will my employer too, come to know about it?
    2. Is there any chance that the 3rd party agency will inform my employer about it?
    3. If my employer comes to know about it, will they fire me out of the job? Currently I’m in probation.
    4. If I file now and my employer comes to know about it, they may fire me immediately. But Ineed to complete my anger mangement program which will finish not before Dec-2011. So how is it possible if the employer fires me immediately and I have to stay for 4 more months to complete my program, as I’m on H1B VISA currently? Please adivse.
    5. I do not have any intension to stay here in USA after May 2012, but my H1B visa expires(6yr quota is going to be over) in Feb 2012. So I need an extension, atleast till May 2012 till my kid’s school year ends. To get an extension I think I need to file “Labor Certification”. But considering all the above points, do you advise me to file it now, immediately.
    Your quick response will be much appreciated, as my employer is literally behind me to file it ASAP and I’m not able to explain my situation.
    Kindly help me ASAP.
    Thanks a lot in advance,