File I-140 before LC Approved?
Jan 16th 2003, 6:30 am
#1
Guest
Posts: n/a
File I-140 before LC Approved?
Hi All.
This sounds totally crazy to me, but I heard about someone's lawyer
starting the I-140 (stage 2) before the Labor Certification was
complete. Is this doable? Can't be... if it was, then everyone would
do it!
Douglas.
This sounds totally crazy to me, but I heard about someone's lawyer
starting the I-140 (stage 2) before the Labor Certification was
complete. Is this doable? Can't be... if it was, then everyone would
do it!
Douglas.
Jan 17th 2003, 12:39 pm
#2
Guest
Posts: n/a
Re: File I-140 before LC Approved?
"Douglas Garstang" wrote in message
news:[email protected]...
> This sounds totally crazy to me, but I heard about someone's lawyer
> starting the I-140 (stage 2) before the Labor Certification was
> complete. Is this doable? Can't be... if it was, then everyone would
> do it!
I heard something like this too. I think it referred to preparing and
filing a national-interest-waiver I-140, which does not require an approved
labor cert. The purpose of filing this was to make the person eligible for
a 7th year extension of the H-1B. This was before Congress passed a law
which allowed 7th year H-1B extensions based solely on a labor cert
application which had been pending for at least a year.
The NIW I-140s would not necessarily be strong cases, just strong enough not
to be considered frivolous. They could be denied, but by then, presumably,
the labor cert might be approved and another I-140 filed.
news:[email protected]...
> This sounds totally crazy to me, but I heard about someone's lawyer
> starting the I-140 (stage 2) before the Labor Certification was
> complete. Is this doable? Can't be... if it was, then everyone would
> do it!
I heard something like this too. I think it referred to preparing and
filing a national-interest-waiver I-140, which does not require an approved
labor cert. The purpose of filing this was to make the person eligible for
a 7th year extension of the H-1B. This was before Congress passed a law
which allowed 7th year H-1B extensions based solely on a labor cert
application which had been pending for at least a year.
The NIW I-140s would not necessarily be strong cases, just strong enough not
to be considered frivolous. They could be denied, but by then, presumably,
the labor cert might be approved and another I-140 filed.
