Labor Certification Rejected

[sunraider]

Hi,

 

I am in my 7th year of H1-B and my labor was rejected in Nov 2013. I have my H1-B expiring in August 2014. I have joined Master degree program to help my labor this year. I am a full time employee in a US based product company, my employer is in the process to initiate a fresh labor by mid March, but with the current processing times it seem like the labor will not be approved in the said timeframe. The options I have is to move back to India and wait for the labor / I-140 to get approved. If it gets approved then get the H1 extension and re-enter US or apply for change of status to F1 and complete my education. I have invested a substantial amount in doing the masters. Is it advisable to change status to F1 or go back and wait for the I-140 approval?

 

I am not sure if moving to F1 would create any issues with my labor/GC. Please help!

 

Thanks-

[jairichi]

Hi,

 

I am in my 7th year of H1-B and my labor was rejected in Nov 2013. I have my H1-B expiring in August 2014. I have joined Master degree program to help my labor this year. I am a full time employee in a US based product company, my employer is in the process to initiate a fresh labor by mid March, but with the current processing times it seem like the labor will not be approved in the said timeframe. The options I have is to move back to India and wait for the labor / I-140 to get approved. If it gets approved then get the H1 extension and re-enter US or apply for change of status to F1 and complete my education. I have invested a substantial amount in doing the masters. Is it advisable to change status to F1 or go back and wait for the I-140 approval?

 

I am not sure if moving to F1 would create any issues with my labor/GC. Please help!

 

Thanks-

Since you have invested a substantial amount of money on your Master's degree try getting a COS from H1B to F1 if you can.

[JoeF]

Hi,

 

I am in my 7th year of H1-B and my labor was rejected in Nov 2013. I have my H1-B expiring in August 2014. I have joined Master degree program to help my labor this year.

What does that mean? How do you think a Masters would help with your GC labor?

You seem to be a bit confused.

I suggest you discuss your situation with a good immigration lawyer.

[sunraider]

What does that mean? How do you think a Masters would help with your GC labor?

You seem to be a bit confused.

I suggest you discuss your situation with a good immigration lawyer.

Sorry for the statement, my GC is currently being filed in EB3 and with the Masters degree I can restart the process later into EB2.

[t75]

It depends on the circumstances as to whether an EB2 petition can be filed.

[JoeF]

Sorry for the statement, my GC is currently being filed in EB3 and with the Masters degree I can restart the process later into EB2.

For EB2, the job would have to require the advanced degree.

[rohang]

Hi,

 

I am in my 7th year of H1-B and my labor was rejected in Nov 2013. I have my H1-B expiring in August 2014. I have joined Master degree program to help my labor this year. I am a full time employee in a US based product company, my employer is in the process to initiate a fresh labor by mid March, but with the current processing times it seem like the labor will not be approved in the said timeframe. The options I have is to move back to India and wait for the labor / I-140 to get approved. If it gets approved then get the H1 extension and re-enter US or apply for change of status to F1 and complete my education. I have invested a substantial amount in doing the masters. Is it advisable to change status to F1 or go back and wait for the I-140 approval?

 

I am not sure if moving to F1 would create any issues with my labor/GC. Please help!

 

Thanks-

not sure if its too late for u, but you employer can appeal for rejected labor, it takes generally 2-3 year for getting response (BALCA). Till then you will be able to expend H1b on 1 yr basis.

 

Once you Master is complete, your employer can file for another labor application in parallel, but it should be for different position. 

 

This way you will be able to work on H1b and finish your masters too.