Pending I140 EB2; H1B 7th ext- Can work for new company?!

[sky88]

Dear all...

I need some advice here...

Here is my current status:

I140 is currently pending (filed 6/2006) - http://www.immigrationportal.com/showthread.php?p=1475016#post1475016

On 7th yr H1B ext - expires 3/2007

My questions are:

1) I am considering quiting the current employer and work for a new company. Can i still get H1B extension if the new company files a PERM immediately?

I checked the AC21's provisions, a H1B can be extended beyond 6 yrs if :

a) Applicant's labor for Employment based green card purpose is pending for more then 365 days.
b) Applicant's petition for I-140 is approved under employment based green card and AOS/485 is pending due to Visa numbers unavailability.

Does this AC21 portability applies to me?

I actually asked the my lawyer the similar question, this was her response:

There is a CIS memo that allows 7th year extensions even after LC is approved. The problem would be if your company revokes the LC after you leave the company. If they don't revoke you can use the LC and get a 7th year with the company, file your own LC thru the new company. If they revoke, and they may given the fact that they are paying for it, you could then be in trouble. The regs and memos do not cover this situation. My interpretation would be TROUBLE upon revocation

Can I get a second/or more opinions on this?


2) When someone leaves a company in good terms, the employer doesn't normally go through the hassale to "revoke" his/her labor cert right? (good or bad assumption?). If they do nothing about my labor cert, so that means i am fine in getting my H1B extension from the new company?

3) And I assume IF my I140 gets denied (or pushed to EB3), i am still ok as long the new company has filed a PERM for me, correct?

4) Or should i wait for couple of months (assuming the Nebraska Center is fast!) to hope my I140 gets approved, then only switch company? does it makes a different - in terms of getting h1B extension and the level of risk associated?


I need to know the possible risks b4 accepting another job offer. all helps are appreciated...

I am getting good offers that are so hard to resist...but..but...bcos of these unknown risks..i am stucked!


Thanks in advance for ur help


Sky