Q: The U.S. company that I worked for on an H-1B filed my labor certification (LC) about 10 years ago. The same company withdrew my LC application before it was approved because I quit my job and left the country. Now I am back in the U.S., again working on an H-1B visa. Can I reactivate my previously filed LC application?
A: The LC process is an employer-driven process. In other words, the company that filed your LC always has the option to withdraw it, for any reason. Generally, once the application is withdrawn, the file is closed and the information submitted is archived. Your employer can always re-apply for a new LC on your behalf.
Q: My company wants to file a labor certifica-tion application on my behalf. I heard that there is more than one way to file for an LC. What is the quickest way for my company to receive an LC on my behalf?
A: Currently, the quickest way, for the major-ity of applicants, to obtain a foreign labor certification is through a process called reduction in recruitment (RIR). Within one year, the U.S. Department of Labor (DOL) is expected to launch their new expedited LC system called program electronic review management (PERM). The DOL promises to publish an interim rule implementing the PERM system sometime before the end of this fiscal year.
Q: Should my company file my LC now or wait and file it under PERM?
A: Generally, one should not wait to file an LC application. DOL anticipates that many employers will seek to re-file their LCs under PERM once this program is implemented. DOL is also expected to allow applicants to convert their previously filed LCs without the loss of the original filing date. Thus, if there is a genuine job opening, most applicants will benefit by filing their LCs now rather than waiting for the implementation of PERM.
Q: Our mom is dependent us, her two children. We are both permanent residents in the U.S. Can we petition for her immigration to the U.S.?
A: No. Unfortunately, permanent residents are not eligible to petition for their parents.
Q: I am in the U.S. on an F-1 visa. I did not register for a semester of study. Will I have to leave the country? Is there any penalty for my action? How would it affect my future?
A: If you are no longer enrolled in your course of studies, you are no longer in valid F-1 status. Thus, you are required to either depart from the U.S., extend your current status, or change your status to another non-immigrant category. If you do not take any action and simply remain in the U.S., you will be ineligible to regain or change your status in the U.S at a later date. If you later depart from the U.S., you may also be subject to a three- or 10-year bar from re-entry into the U.S.
Immigration attorney James E. Root, Esq, has offices in L.A. and Orange counties. (800) 474-9960. www.RootLaw.com.