H1B and Dept Of Labor
Mar 29th 2001, 4:35 pm
#1
Guest
Posts: n/a
When recently in the US under a Q-visa, my company started H1-B applications so that I could continue to work. Along with interviewing EVERYONE that applied for the advertisedjob, to prove that I wasn't taking jobs away from Americans and all the forms, they had to submit something to the Dept Of Labor so that I would be granted a certificate to present along with my H1-B application.
The certificate was refused as the DOL thought that my job was permanent and not solely for the three year period of the H1-B visa. Any similar problems, or ideas as to how to get around this obstacle. I'm now stuck in England again whilst my job sits vacant in Connecticut.
Thanks
The certificate was refused as the DOL thought that my job was permanent and not solely for the three year period of the H1-B visa. Any similar problems, or ideas as to how to get around this obstacle. I'm now stuck in England again whilst my job sits vacant in Connecticut.
Thanks
Mar 29th 2001, 4:53 pm
#2
Guest
Posts: n/a
007Allen wrote:
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Advertising and showing that there are no qualified applicants for a position are
*not* part of the H-1B process. If the employer really wanted H-1B status for you, it
made a big mistake.
I think what may have happened was that the employer attempted to file a labor
*certification* application rather than a labor *condition* application (LCA). The
first is a step in getting employment-based permanent resident status. The second is
a step in obtaining H-1B status.
The certificate was refused
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Ask the employer to hire a good immigration attorney, and start over again. It does
not matter whether the job is temporary or permanent, for H-1B purposes, because of
dual intent.
Another possibility is that the employer was really trying to obtain H-2B status.
This is a temporary worker status which *does* require a labor certification, and the
job position must be temporary. In fact, H-2B status cannot be requested for more
than one year initially, and under certain rare circumstances it can be extended one
year at a time to a maximum duration of 3 years.
If the job does not require a bachelor's degree, and you don't have a bachelor's
degree or the equivalent, you are not eligible for H-1B status.
See http://www.americanlaw.com/h-1b.html, http://www.americanlaw.com/h-2b.html.
>
>
>
>
>
Advertising and showing that there are no qualified applicants for a position are
*not* part of the H-1B process. If the employer really wanted H-1B status for you, it
made a big mistake.
I think what may have happened was that the employer attempted to file a labor
*certification* application rather than a labor *condition* application (LCA). The
first is a step in getting employment-based permanent resident status. The second is
a step in obtaining H-1B status.
The certificate was refused
>
>
>
>
Ask the employer to hire a good immigration attorney, and start over again. It does
not matter whether the job is temporary or permanent, for H-1B purposes, because of
dual intent.
Another possibility is that the employer was really trying to obtain H-2B status.
This is a temporary worker status which *does* require a labor certification, and the
job position must be temporary. In fact, H-2B status cannot be requested for more
than one year initially, and under certain rare circumstances it can be extended one
year at a time to a maximum duration of 3 years.
If the job does not require a bachelor's degree, and you don't have a bachelor's
degree or the equivalent, you are not eligible for H-1B status.
See http://www.americanlaw.com/h-1b.html, http://www.americanlaw.com/h-2b.html.
