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  #1  
Old 04-02-2010, 08:03 AM
sukumar.gaade@gmail.com sukumar.gaade@gmail.com is offline
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Default Labor Deneid in 6th Year

Hi,

My Labor was denied in 6th year. I have my 7th year extension in couple of months.
My employer doesn't give much details of why my labor was denied. When i insisted them the reason for denial they said that they just got a letter saying that they are already US Citizens available with that skill set. I asked them to send a copy of the denial letter but they say that that letter also has other case numbers which they filed and don't want to reveal them. Is that believable?

I said them to file appeal so that the case would be in pending and i can apply for 7th year extension. They said that its an no objection denial and they cannot appeal the case. Can it be true?

Now i am even not sure if they applied for Labor. I need to get some proof from them. For what document can i ask them for this? What should i do in this situation?
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  #2  
Old 04-02-2010, 08:53 AM
desi3933 desi3933 is offline
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Originally Posted by sukumar.gaade@gmail.com View Post
Hi,

.......

Now i am even not sure if they applied for Labor. I need to get some proof from them. For what document can i ask them for this? What should i do in this situation?
It is employer's choice and decision whether to file labor or not. Employee does not have any say or input on this.

Having said that if employer claims that labor was filed for you as beneficiary, you can request for case#. It is upto the employer if they want to share case# with the employee or not.

As a practical matter, employer should be willing such information with employee. Again, thats on the moral/ethical ground, not on legal ground.



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  #3  
Old 04-02-2010, 09:46 AM
deba deba is offline
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A Labor cert. process will require exhaustive preparation of your case. That includes documenting your case with your experience, education, qualifications etc. It will require the employer to post ads to recruit for your position and evidence of at-least minimum recruitment efforts made to hire a citizen/resident for your position. Usually this will require the help of an attorney who will co-ordinate with you and your employer in presenting your case. Have you done any of that? Do you know who your attorney is? If so, what process have you followed during the filing and have you requested the details from the attorney? Seems like you don't even have the most basic information about your case. As far as I know, usually a rejection/approval is on a case by case basis and the rejection will specifically provide a reason for denial. You will need to get expert help in determining the cause and appealing your denial. But first try to gather the facts and details of your case. At this point your case is simply too vague for anyone to help you. Just for curiosity, why are you working for an employer who won't even share the basic details with you? They are not required to, but unless they don't have anything to hide there is simply no point in doing so. Remember trust goes both ways. Good luck with your case.
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  #4  
Old 04-02-2010, 10:37 AM
wandmaker wandmaker is offline
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Quote:
Originally Posted by sukumar.gaade@gmail.com View Post
....When i insisted them the reason for denial they said that they just got a letter saying that they are already US Citizens available with that skill set.....

I said them to file appeal so that the case would be in pending and i can apply for 7th year extension. They said that its an no objection denial and they cannot appeal the case. Can it be true?
If the USC is available with that skill set, no appeal, end of story, period. It is up to your company to file for another labor.
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  #5  
Old 04-02-2010, 10:45 AM
TeddyKoochu TeddyKoochu is offline
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Default File Another Labor

Quote:
Originally Posted by sukumar.gaade@gmail.com View Post
Hi,

My Labor was denied in 6th year. I have my 7th year extension in couple of months.
My employer doesn't give much details of why my labor was denied. When i insisted them the reason for denial they said that they just got a letter saying that they are already US Citizens available with that skill set. I asked them to send a copy of the denial letter but they say that that letter also has other case numbers which they filed and don't want to reveal them. Is that believable?

I said them to file appeal so that the case would be in pending and i can apply for 7th year extension. They said that its an no objection denial and they cannot appeal the case. Can it be true?

Now i am even not sure if they applied for Labor. I need to get some proof from them. For what document can i ask them for this? What should i do in this situation?
See howsoever qualified you maybe but if a USC is available to do the job based on the advertisement then its unfortunately the end of the story. Your employer does not really have anything to give or tell you.
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  #6  
Old 04-02-2010, 12:25 PM
sukumar.gaade@gmail.com sukumar.gaade@gmail.com is offline
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Default Any Suggestions

Thanks Everyone for your responses. My company said they filed a new labor for me but they cannot process H1 extension until my labor is approved and we don't have much time as i will be finishing 6th year soon. Any ideas what can i do in this situation?
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  #7  
Old 04-02-2010, 02:26 PM
dontcareanymore dontcareanymore is offline
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Are you sure your 6 years in US is up ?
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  #8  
Old 04-02-2010, 02:35 PM
swamy swamy is offline
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Quote:
Originally Posted by sukumar.gaade@gmail.com View Post
Thanks Everyone for your responses. My company said they filed a new labor for me but they cannot process H1 extension until my labor is approved and we don't have much time as i will be finishing 6th year soon. Any ideas what can i do in this situation?
you can try several things depending on your individual case history. run evrything by a good lawyer obviously but recapture every single day you have been outside the US. make preparations for working remotely until you hit your first anniversary of labor approval and then ofcourse premium process it. if your labor itself gets approved then you get the 3 yr visa...get a canadian visa before your current h1 expires or best of all, if you can, work from india remotely until you get your new h1
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  #9  
Old 04-02-2010, 03:12 PM
rb_248 rb_248 is offline
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Quote:
Originally Posted by sukumar.gaade@gmail.com View Post
Thanks Everyone for your responses. My company said they filed a new labor for me but they cannot process H1 extension until my labor is approved and we don't have much time as i will be finishing 6th year soon. Any ideas what can i do in this situation?
Waiting for 6 years to know this is very tragic. Run your situation by a lawyer (not your company lawyer). You may find some workable options. Good Luck.
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  #10  
Old 04-02-2010, 03:21 PM
cbpds cbpds is offline
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why did he have to wait for 6 years to file for labour, he could have done it well before right?

Quote:
Originally Posted by rb_248 View Post
Waiting for 6 years to know this is very tragic. Run your situation by a lawyer (not your company lawyer). You may find some workable options. Good Luck.
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  #11  
Old 04-02-2010, 10:55 PM
Madhuri Madhuri is offline
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Sukmar,
I was kind of in similar situation in 2006 and during those days there was an email id for PA center where you can request for the screen shot of your case. I am not sure if that email method still works or not but you can give it a try to get screen shot.

Here is the format and email that I sent.
----------------------------------------
To: H1B7YR@PHI.DFLC.US
Subject: Request for Proof of Labor filing for 7th Year extension
Dear Sir/Madam,
Please send me proof of labor filing for H1 extension, since my 6-year H1
term is ending on the 11TH SEPTEMBER 2006.

ETA Case number: Not known
Company name: .......
Company Address: .........
First Name: ............
Last Name: ..............
Filed: March 14,2005
State: NJ


Quote:
Originally Posted by sukumar.gaade@gmail.com View Post
Hi,

My Labor was denied in 6th year. I have my 7th year extension in couple of months.
My employer doesn't give much details of why my labor was denied. When i insisted them the reason for denial they said that they just got a letter saying that they are already US Citizens available with that skill set. I asked them to send a copy of the denial letter but they say that that letter also has other case numbers which they filed and don't want to reveal them. Is that believable?

I said them to file appeal so that the case would be in pending and i can apply for 7th year extension. They said that its an no objection denial and they cannot appeal the case. Can it be true?

Now i am even not sure if they applied for Labor. I need to get some proof from them. For what document can i ask them for this? What should i do in this situation?
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  #12  
Old 04-03-2010, 09:32 AM
snathan snathan is offline
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Default

Quote:
Originally Posted by sukumar.gaade@gmail.com View Post
Hi,

My Labor was denied in 6th year. I have my 7th year extension in couple of months.
My employer doesn't give much details of why my labor was denied. When i insisted them the reason for denial they said that they just got a letter saying that they are already US Citizens available with that skill set. I asked them to send a copy of the denial letter but they say that that letter also has other case numbers which they filed and don't want to reveal them. Is that believable?

I said them to file appeal so that the case would be in pending and i can apply for 7th year extension. They said that its an no objection denial and they cannot appeal the case. Can it be true?

Now i am even not sure if they applied for Labor. I need to get some proof from them. For what document can i ask them for this? What should i do in this situation?
If you visited india/your home country in these six years, you can recapture those dates. It might give you couple of months. In the mean time, if your PERM approved you are good. Check with your employer how much they are willing to help.

Good luck.
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  #13  
Old 04-03-2010, 10:06 AM
roseball roseball is offline
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Quote:
Originally Posted by Madhuri View Post
Sukmar,
I was kind of in similar situation in 2006 and during those days there was an email id for PA center where you can request for the screen shot of your case. I am not sure if that email method still works or not but you can give it a try to get screen shot.

Here is the format and email that I sent.
----------------------------------------
To: H1B7YR@PHI.DFLC.US
Subject: Request for Proof of Labor filing for 7th Year extension
Dear Sir/Madam,
Please send me proof of labor filing for H1 extension, since my 6-year H1
term is ending on the 11TH SEPTEMBER 2006.

ETA Case number: Not known
Company name: .......
Company Address: .........
First Name: ............
Last Name: ..............
Filed: March 14,2005
State: NJ
No such provision exists now for PERM cases. This was only available for cases pending at Dallas or Philly Backlog Elimination Centers which needed proof of pending Labor for 7th year H1 extension. Even if there was a provision, it won't help in this case as LC is already denied. OP has to file another LC asap. No other way around it.
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  #14  
Old 04-03-2010, 10:59 AM
gclessland gclessland is offline
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There are couple of options here. As others have mentioned you can recapture every single day you were outside of the country in all these years you were in H1B as long as you have the entry and exit stamps clearly visible in your passport as proof. Even if you do not have adequate days available, you can go out of the country on vacation now & recapture those days. I believe this should get you enough time. However, please do consult a good attorney & discuss your case. Good luck.

Last edited by gclessland; 04-03-2010 at 11:00 AM. Reason: typo
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  #15  
Old 04-03-2010, 11:23 AM
seeniraj seeniraj is offline
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Default Appeal

Can you appeal and based on the appeal you can file for 7th year extn ?
-Amali
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