Labor Approved - Need Help

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VasuMSP

Registered Users (C)
I am in the 7th year, my I-94 is ending by Sep'07. My employer A filed labor in 2003 and got rejected in May'07. Employer A does not want to appeal for the rejected labor, instead he is asking me to go to India.

I looked for another employer B and he accepted to do my PERM and I-140 and upon approval go for H1 transfer and get 3year extension.

My labor got approved in July 12. I have only 2 more months before my status expire.

My questions are

1.Can my new employer B apply for 1year H1 extension based on labor approval (I am not still in the employer B payroll).

2.Can my new employer B apply for I-140 and I485 concurrently before Aug17, even if I am not in the company's payroll. If he can apply for 140 and 485, when can he file for H1 transfer.

3. Since I have very short duration, we thought of doing I-140 using Premium Process, my bad time, PP has been stoped until further notice.

Anyone having the same experience please show me the right way to get the 1 year extension and proceed for the GC. My advance thanks for reading my issues and replying for the same.
 
Your new employer cannot file an H-1B extension unless the labor certification (recently approved) was filed more than 365 days ago (from teh H-1B extension filing date). Talk to your new employer about proceeding with option #2.
 
Thanks manwithnoname.......

If my employer file I140 & I485, when can he transfer my H1, can he immediately apply for transfer or need to wait untill I-140 gets approved
 
H-1B and I-140/I-485 are independant. If you plan to work for new employer, then the new H-1B transfer application should, at least, be filed.
 
URGENT : Please Help Me

Iam in 7th year H1 , will be expiring in mid Sep 2007, and applied I-140 & 485 concurrently on Aug 07,2007. Still waiting for I-140 receipt notice. My employer is saying if we receive receipt notice of I-140 then only they can apply for my 8th year H1 extension, is it true ?

Q1. My labor is filed 365 days before and approved, can't they apply H1 extension on that 365 days basis ?

Q2. Will I be out of status if we don't apply for H1 extension before expiration date and still did't receive I-140 receipt notice ? (being filed 485 AOS)

Q3. Can we apply H1 extension with FedEx receipt of concurrently filed I-140&485 ?

Q. Do I have to leave the country ? any advices/solutions please.

Your advices will be greately appreciated.
 
Immi12345 said:
Iam in 7th year H1 , will be expiring in mid Sep 2007, and applied I-140 & 485 concurrently on Aug 07,2007. Still waiting for I-140 receipt notice. My employer is saying if we receive receipt notice of I-140 then only they can apply for my 8th year H1 extension, is it true ?

Q1. My labor is filed 365 days before and approved, can't they apply H1 extension on that 365 days basis ?

Q2. Will I be out of status if we don't apply for H1 extension before expiration date and still did't receive I-140 receipt notice ? (being filed 485 AOS)

Q3. Can we apply H1 extension with FedEx receipt of concurrently filed I-140&485 ?

Q. Do I have to leave the country ? any advices/solutions please.

Your advices will be greately appreciated.
Click to expand...


1. Yes you can apply for h1 extension
2. If you don't apply before h1 expires u will be out of status
3. you don't need fedex receipt for h1 extension.. just use ur PD from ur approved labor
4. You will be fine as long as u apply for ur h1 extension before ur h1 expires
 
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