Will job change save me?

[mfsn]

1) The expiration date on my I-94 is Sep/2004 and the end of my standard 6th year in H-1B status is Jan/2005. My Labor Certification Application was filed in Sep/2003, which was before the end of my 5th year in H-1B status. Since I haven't received any approval/denial/receipt notice answer from them yet, do I have to renew my visa in order to remain in the US after my I-94 expires until the end of my standard H1B 6th year? And thereafter?

2) Now my lawyer is saying that a new job survey needs to be done because the amount previously advertised by my employer for my position was underpaid, reason why my company could not find a qualified US citizen to do my job. If I changed to a higher-pay job now, would I still have time for green card application? Would a new LCA be required? Is it better to change lawyer?

3) I do have an offer from another employer that will pay me more but don't know if changing jobs now is too risky, although it could be my last chance. Could a good lawer still save my case?

 

[gp111]

answer of Question 1 is yes, you have to file extension of your H1B... You can get 1 year extension (every year) based on the LC application you filed in Sept 03... You can get such extensions till you get your green card ( unless they one of the stage gets rejected)...

Do not change the company ( I mean for new LC) because your new LC application will not be 1 year before the H1B 6 year limit & you will not be eligible for H1 extensions. You may change job after your I-140 gets approved using AC21.

About 2nd question, an attorney or senior folks like JARKHANDI or UCNYCUS can guide you...

 

[Jharkhandi]

Originally posted by mfsn
1) The expiration date on my I-94 is Sep/2004 and the end of my standard 6th year in H-1B status is Jan/2005. My Labor Certification Application was filed in Sep/2003, which was before the end of my 5th year in H-1B status. Since I haven't received any approval/denial/receipt notice answer from them yet, do I have to renew my visa in order to remain in the US after my I-94 expires until the end of my standard H1B 6th year? And thereafter?

2) Now my lawyer is saying that a new job survey needs to be done because the amount previously advertised by my employer for my position was underpaid, reason why my company could not find a qualified US citizen to do my job. If I changed to a higher-pay job now, would I still have time for green card application? Would a new LCA be required? Is it better to change lawyer?

3) I do have an offer from another employer that will pay me more but don't know if changing jobs now is too risky, although it could be my last chance. Could a good lawer still save my case?

1. You can work on receipt of H1b for 240 days. If you do not get your approval by that time - you will have to talk to your lawyer about your options. If you get extension(which you will), you will get I-94 with it too. That I-94 is good enough for you to stay in USA(it will be same I-94 number as one you have right now, ig you did not leave USA after applying). But to get in USA again - you need to get Visa stamped.

You should get visa stamped when you get approval notice. If you do not do so for a year, you will be forced to go back to home country to get it done. gp111 is right - you can file for yearly extesnsion till your case is pending.

Just in case you have issues with H1 approval, ask your lawyer to appeal against it ASAP as any time after Sep 2004, will be counted illegal.

2. Did your lawyer get any such request from DOL? Ask him if he ever got prevailing wages information from DOL for your case? If he did not, then kick him out. Get another lawyer and get him work on your case. But before doing all this get a yes form your employer about changing lawyer, as LC is owned by employer and he/she has to effectively get it transferred to new lawyer.

3. It depends - if new employer is willing to start process right now and old one is willing to continue - no problem. You can still get yearly extension based on your pending case(till new one is 1 year old). But if old employer will say no to it - then it will be tough, unless new employer is offering substitue labor.

Hope it helps.