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| Форум Льва Кобрина. |
| Labor Certification? |
Alexei
Naples |
Dear Mr. Kobrin!
I would really appreciate if you could help me with my question.
I had a student status but my English course was finished in April. At that time I found employer who applied for the Alien Labor Certification with my name so than we could apply for H-2B status to INS. Application for Labor Certification is still in a process and I have not applied for a new status to INS yet (since May). Am I out of status now or am I still legal in a country since I have pending case in Department of Labor with my name? Does INS know that I am not studying any more and, if they do, will that affect my petition for change of status in the future?
Can you tell me if I can apply to INS for H-2B status without Labor Certification, so at least I would do something with INS as well as with Department of Labor? Or it's too late already?
Regarding my current status: on my I-20 I have INS stamp "valid until D/S (duration of status) and there is no any certain date; also on my I-20 I have "The normal length of study is one year....comlete studies not later than(date) 01/15/03. According to this, am I still legal in the US? and can I apply for H-2B without Labor Certification?
I appreciate any help and any advice. Thank You very much in advance!
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Lev Kobrin
Sunny Isles Beach |
Response for: Alexei at 12/17/2002 12:42:00 PM
Alrxei, hi:
D/S means "duration of studying", not "duration of status". Since you have stopped your education, the status is also stopped.
If your attorney (or employer) applied while you had been in status (F-1), it is OK. If he sent paper later, tou can only be approved for Labor Certification, but for a green card you should go to your native country. But since you have infringed your permitted period of stay in the US, most likely the Consulate will deny your application. If you applied for Labor Certification before April 30, 2001, this rule doesn't work and you can stay in the USA and apply for your green card here.
Bette way for you is to ask your attorney (or employer) what is going on with your application.
Good luck, Lev Kobrin.
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