Epen

Hi:

My employer has applied for my Labor Certification and its still
getting reviewed by the DOL.
Now, I am getting this awesome job offer from another firm - which I
would really liek to accept.

I was wondering if I could do a labor certification? if required I am
willing to dump my Labor Certification application process for this
job. Will Labor Certification hamper my chances of getting a H1
Transfer?

-Epen

Kevin Keane

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Well, first of all, there is the consideration that the first employer is
spending a substantial amount of money (and effort) on your behalf, hoping
that you will stay. From that perspective, I would generally encourage you
not to change jobs.

That said, a pending Labor Certification is not a problem with getting a new
H-1B. You actually have two separate options now:

- - you can ask your first employer to keep the LC going, and later also file
a petition for you. At the very least, it would preserve your Priority
Date. It would also allow you, if things don't work out with the new job,
to return to the original job as if nothing had happened, and get your GC
that way.

- - you can ask your new employer to file a LC for you.

You can also do both approaches at the same time. You don't have to decide
which of the two jobs you want to use until you file the I-485.

Epen wrote:

    > Hi:
    >
    > My employer has applied for my Labor Certification and its still
    > getting reviewed by the DOL.
    > Now, I am getting this awesome job offer from another firm - which I
    > would really liek to accept.
    >
    > I was wondering if I could do a labor certification? if required I am
    > willing to dump my Labor Certification application process for this
    > job. Will Labor Certification hamper my chances of getting a H1
    > Transfer?
    >
    > -Epen

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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