Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.
The green card process is separate from your H-1B status.
Do you believe that your employer will fire you from your H-1B position if your Labor Certification through the GC process fails because they are able to find a qualified worker?
No, not really, but I have my family here and I would like to explore my options. I do not want to be unprepared, you know what I mean?
They found only one qualified individual that my HR told me they have to interview.
I do not know if they are doing this pro-forma or they are really considering him/her for the position. But in any case I do not want to be unprepared and be able to explore my options.
Ok. Well luckily, just because your Labor Certification fails does not mean your H-1B status is in danger. It just means that they will not be able to go forward with a green card process. They can continue to employ you on H-1B visa. If for some reason they do not want you to stay on with them, you MUST find a new employer AND file the new I-129 BEFORE your current employer fires you. There is no longer a 30 day grace period that you have to find a new job. You have to do everything before.
But like I said, I think you will be ok even if your Labor Cert is not approved.
And yes, I am here, but it takes time for me to type out my response plus there are other customers asking questions at the same time. It has been a slow day until now, for some reason.
Oh, I did not know they could stop with the green card process. That is a relief. Thank you very much for your answer!
You are very welcome. Please do not forget to rate my service to you as positive. Thank you so much!
Sure thing! You have been very helpful. Thank you. I will come back.
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