dawnr

Hi folks. Hope someone can help me. My family and I live in Scotland and wish to move permanently to Utah. My husband is an LGV driver and found a company willing to sponsor him in June of 2005 while we were over there on holiday. Necessary procedures were followed and he was granted Labor Certification with a priority date of August 2005. We had kept in touch with the company up until about 3 months ago. Due to the priority dates progressing so quickly over the past 2 months we are now getting very close to a conclusion one way or another. My cousin in Utah called the trucking company this week, only to discover that the people responsible for completing the sponsor paperwork no longer work there and the company is no longer looking for drivers.

Where does this leave us? From what I can gather there is still a substantial shortage of drivers in the US. Do we now have to find another company willing to sponsor him, and start the Labor Certification process again?

Dawn

Jozef

"dawnr" <[email protected]> wrote in message
news:[email protected] m...
>
> Hi folks. Hope someone can help me. My family and I live in Scotland
> and wish to move permanently to Utah. My husband is an LGV driver and
> found a company willing to sponsor him in June of 2005 while we were
> over there on holiday. Necessary procedures were followed and he was
> granted Labor Certification with a priority date of August 2005. We had
> kept in touch with the company up until about 3 months ago. Due to the
> priority dates progressing so quickly over the past 2 months we are now
> getting very close to a conclusion one way or another. My cousin in
> Utah called the trucking company this week, only to discover that the
> people responsible for completing the sponsor paperwork no longer work
> there and the company is no longer looking for drivers.
>
> Where does this leave us? From what I can gather there is still a
> substantial shortage of drivers in the US. Do we now have to find
> another company willing to sponsor him, and start the Labor
> Certification process again?

Unfortunately, a Labor Certification is tied to a specific job with a
specific company at a specific location. If any of these factors change, a
new Labor Certification is required.

But are you sure his priority date is close to becoming current? What
category is he in? The "EB-3 - Other Workers" category is backlogged to
2001.

Jozef

dawnr

Thanks for your reply. Priority date as of bulletin issued on Tuesday was June 2005 for 3rd preference category.

Jozef

"dawnr" <[email protected]> wrote in message
news:[email protected] m...
>
>> But are you sure his priority date is close to becoming current? What
>> category is he in? The "EB-3 - Other Workers" category is backlogged
>> to
>> 2001.
>
> Priority date as of bulletin issued on Tuesday
> was June 2005 for 3rd preference category.

There's two sections in the EB-3 category. I just assumed your husband was
in the "EB-3 Other Workers" category, which only has a measly 10,000 visas
available per fiscal year and is hopelessly backlogged.

See http://travel.state.gov/visa/frvi/bu...etin_3236.html

Is your husband a native of the Philippines??

Jozef

dawnr

No Jozef he is not from the Phillipines. He is 3rd preference, skilled workers category.

Jozef

"dawnr" <[email protected]> wrote in message
news:[email protected] m...
>
>> "dawnr" <[email protected]> wrote in message
>> news:[email protected] m...
>> >
>> >> But are you sure his priority date is close to becoming current?
>> >> What
>> >> category is he in? The "EB-3 - Other Workers" category is
>> >> backlogged
>> >> to
>> >> 2001.
>> >
>> > Priority date as of bulletin issued on Tuesday
>> > was June 2005 for 3rd preference category.
>>
>> There's two sections in the EB-3 category. I just assumed your husband
>> was
>> in the "EB-3 Other Workers" category, which only has a measly 10,000
>> visas
>> available per fiscal year and is hopelessly backlogged.
>>
>> See http://travel.state.gov/visa/frvi/bu...etin_3236.html
>>
>> Is your husband a native of the Philippines??
>
> No Jozef he is not from the Phillipines. He is 3rd preference, skilled
> workers category.

Ah of course, then he must fall under All Charge-ability Areas Except China,
Mexico and India, and have at least two years of experience.

Did your husband's sponsor file an I-140 Immigrant Petition when his Labor
Certification was approved?

Jozef

dawnr

Yes they did - how does this affect things?

Jozef

"dawnr" <[email protected]> wrote in message
news:[email protected] m...
>
>> >> There's two sections in the EB-3 category. I just assumed your
>> >> husband
>> >> was
>> >> in the "EB-3 Other Workers" category, which only has a measly
>> >> 10,000
>> >> visas
>> >> available per fiscal year and is hopelessly backlogged.
>> >>
>> >> See http://travel.state.gov/visa/frvi/bu...etin_3236.html
>> >>
>> >> Is your husband a native of the Philippines??
>> >
>> > No Jozef he is not from the Phillipines. He is 3rd preference,
>> > skilled
>> > workers category.
>>
>> Ah of course, then he must fall under All Charge-ability Areas Except
>> China,
>> Mexico and India, and have at least two years of experience.
>>
>> Did your husband's sponsor file an I-140 Immigrant Petition when his
>> Labor
>> Certification was approved?
>
> Yes they did - how does this affect things?

Do you know if it has been approved?

If your husband's sponsor has filed an I-140 for him and it has been
approved, then you should be receiving a letter from the consulate once his
priority date becomes current.

Jozef

dawnr

Yes this has been approved. When priority date becomes current, do they ask if job is still available?

Jozef

"dawnr" <[email protected]> wrote in message
news:[email protected] m...
>
>> If your husband's sponsor has filed an I-140 for him and it has been
>> approved, then you should be receiving a letter from the consulate
>> once his
>> priority date becomes current.
>
> Yes this has been approved. When priority date becomes current, do they
> ask if job is still available?

Yes. You are expected to bring proof to the interview that the position
still exists. Typically, a simple letter from the sponsoring employer is all
that's needed.

Jozef

dawnr

Thanks Jozef.

So what would happen if he gets a letter of confirmation from the company but they can't keep him on after just a few weeks? Is he free to look for another job as long as its still as an HGV driver?

Elvira

Why would they want to go through all the expense and hassle of sponsorship for just a few weeks - particularly since they don't seem to need him anyway?

And AFAIK the new company would have to submit the same forms and pay the same fees.

Bob

it's not an H1 application, EB3 greencard, once got the greencard, he's got it.

Jozef

"dawnr" <[email protected]> wrote in message
news:[email protected] m...
>
> So what would happen if he gets a letter of confirmation from the
> company but they can't keep him on after just a few weeks?

As Elvira pointed out, it's unlikely your husband's sponsor will agree to
that. Also, an Employment-Based Green Card holder is supposed to work for
the sponsoring employer. If he changes jobs after a few weeks, this may
raise questions if he ever decides to apply for citizenship.

> Is he free
> to look for another job as long as its still as an HGV driver?

A Green Card holder can work in any job.

Jozef

Elvira

Okay, I didn't realise this is possible without getting an H1b first. But the company would still have to file an immigrant petition, right? Why would they bother if they no longer need/want him...