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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106231
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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As I described in my previous question, I hold an H1B and my

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As I described in my previous question, I hold an H1B and my employer is applying for a Green Card. In the case that they find (during the job posting period) someone local qualified to replace, how much time do I have to search for a job in the US? What are my options to stay in the US while searching for a job in case a termination for that specific reason?

Guillermo J. Senmartin, E :

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.

Guillermo J. Senmartin, E :

The green card process is separate from your H-1B status.

Guillermo J. Senmartin, E :

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?

Customer:

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?

Customer:

They found only one qualified individual that my HR told me they have to interview.

Customer:

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.

Customer:

U there?

Guillermo J. Senmartin, E :

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.

Guillermo J. Senmartin, E :

But like I said, I think you will be ok even if your Labor Cert is not approved.

Guillermo J. Senmartin, E :

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.

Customer:

Oh, I did not know they could stop with the green card process. That is a relief. Thank you very much for your answer!

Guillermo J. Senmartin, E :

You are very welcome. Please do not forget to rate my service to you as positive. Thank you so much!

Customer:

Sure thing! You have been very helpful. Thank you. I will come back.

Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you

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