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How to Satisfy attorney to file my labor?

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  • How to Satisfy attorney to file my labor?

    My employer advertised job for 6 months about to file my case in RIR. Company I’m working planning for layoff 6 months from now, attorney says it’s not good to file the case, once after the layoff happens Labor will be denied without any questions. Is this true?, can some one help me that how I can satisfy my attorney to file my case? I have only 18 months left in my H1 visa.

  • #2
    It is likely.
    Ask yourself this question: how can the company explain that they need you, but are laying off a bunch of equally qualified people who could have been put on the job that the LC is for?
    Remember, the goal of the LC process is to show that there are no US citizens or PRs who are qualified to take that particular job. Apparently, the company has a bunch of such people, but lays them off. That makes it quite obvious that the job advertised does not really exist. If it would, the company could just have filled the job with one of the people they instead layed off.
    Or is the job so unique that none of the people being layed off could do it? Pretty unlikely...

    And, it is not about satisfying the lawyer. The DoL has to be convinced that the LC is valid. The lawyer just is honest in telling you that DoL is unlikely to approve the case under this circumstances. He could of course file it, but he apparently considers it a waste of time and money.

    Final question: why did you start the process this late? (This is a honest question, I started my own GC rather late into my 6-year H1 limit as well, and it cost me dearly...)
    If you are in the last 18 months of your 6-year H1, you had lots of time to file during the boom years. Right now, with the current economic situation, it is very tough. Be lucky that you can even consider RIR. Here in CA, currently nearly all RIR cases are rejected outright.

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    • #3
      Thanks for your response.

      I work in one of the big Company in CA you won't believe, they took two years to advertise my job.

      Is there are any other way I can apply for Green card, other employer? or applying the case as regular instead of RIR will buy some time to extend visa?

      When does the labor department will deny.. as soon as the co announce layoff or when they open the case?

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      • #4
        For some reason I didn't see your answer until now.
        As I've said, I have read in a lot of posts that RIR LCs are routinely denied in CA nowadays. SESA (the CA state employment agency) just doesn't believe that in the current economic situation there is nobody replying to ads for RIR.
        You can of course go the normal LC route. If I remember right, the rule is that if the LC application is filed at least 1 year before the H1 expires, the H1 can be extended in 1 year increments past the 6 years. So that would buy you time.
        Going to another employer doesn't help that much. RIR is still likely to be denied for the reason I mentioned above. On the other hand, switching employer has the advantage that you could use the experience gained with the current employer in the LC. I would talk this through with a lawyer (obviously one who wasn't provided by the employer...)
        If the company took 2 years to prepare for the LC, there may also be something else going on: they may not be standing fully behind you. If they were really interested, I think they would have pushed that through much faster.

        In any case, you are looking at some years of uncertainty: going the normal LC route can take 2 years, and the I-140/I-485 can also take 2 years.

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