6th year, LC applied but in BEC, changing job!!

J

jlsu

Registered Users (C)
I'm in quite a sticky situation here and would really appreciate any advice/suggestion:

My H1-B expires in Sept 1, 2007. My current company applied for LC in March 2004, but it's in the backlog. I'm in a bad situation in my current job and am seriously thinking about switching. My questions are:

(1) Can my new employer file for H1-B extension based on the LC filed by the current employer back in 2004? Or do I have to stay in my current job and wait until my current employer files an extension for me. And I switch jobs after the extension is completed.

(2) Is there any way I can keep my PD of March 2004?

(3) The inital filing was under EV3. However, I've read that after 5 years of work experience, I can qualify as EV2. After I switch to the new employer, can they file new LC under PERM as EV2? Or can they use my old LC filing and change the category to EV2?

Thank you soooooooooooooooo mcuh!!
 
1) Should work.
2) Wouldn't say impossible, but pretty difficult in this circumstance.
3) EB category is not determined by your experience. It is determined by the job duty. If job duty requires EB2 skill and you can provide that service, you can file for EB2.
 
Thank you, GotPR!!

As for point (1), can I switch now to the new company and then have them file H1B extension based on the old LC application, or is there such a rule that you have to have your extension approved before you can switch jobs if this is the 6th year?

For point (2), what might be a possible way of keeping the PD date?

Your answers are greatly appreciated!
 
Technically, LC is not necessary from H1 sponsor. You can get 7th year H1 UNLESS current employer revokes or substitute LC to other person.

You need to have I-140 approval to retain PD. In this circumstance, your old employer must keep your LC as well as filing for I-140, which is a little awkward as you have already left the employer.
 
Why did you say “Technically, LC is not necessary from H1 sponsor” if one requests 7th year H-1B extension or transfer? Have you seen the 7th year H-1B can be approved without a proof that an LC has been on file for 365 days?
 
I guess my wording was not clear. I did not mean LC was not required, but I mean LC from current GC sponsor is good enough to get 7th year H1 with another company. What I said was as long as LC is more than 365 days old, one should be able to get 7th year no matter which company has LC.
Proof is of course reguired.
 
Hello,
I have similar situation and need advice:
1. I am currently in 7th year of H1b, 7th year extension with company A is valid till Apr 2008. My immigration was filed by company A in Dec 2003, still pending labour certification. Question: Can I transfer my H1b to company B who are willing to hire me?
How long does it take to get H1b approval (expedited/fast process)?

2. Company B is willing to hire and process my immigration in expedited manner. What are the important points that we should be careful about? eg; I understand that in this situation, new immigration case will be filed with company B, so does it need to be filed before Apr 03, 2007? to keep a 1 year window between H1b expiration so that there are no problems in further H1b extensions if needed. Anything else?

3. The new position with company B is a Sr/Lead position, since I have over 6 year experience now and have a MS degree, does this qualify me under EB2 process? Approx How long does it take for new immigration case to be completed (till EAD), under EB2 or EB3 categories?

Thanks.
 
GotPR, i'm in similar situation like jlsu.

My H1-B expires in Sept 27, 2007. My current company applied for LC in July 2003, but it's in the backlog. I'm in a situation to change the job due to Medical benefits.

My questions is:

Can my new employer file for H1-B extension. I'm ok to file a new LC and go thru the long process of getting Green Card. I'm ok to wait for 4-5 years to get GC, but will it be possible for my new employer to extend my H1 and file perm LC and keep H1 active.

Please do respond i'm in need of help.

regards
Dhana
 
new employer can file H1 extension.
you anyway have to go with new LC with new employer if you join them and pursue GC.
Only problem (but serious in today's immigration climate) is you lose PD.
 
GotPR, Does it mean i will have problems on getting H1 extended or i will have to wait for a decade to get GC.

Can you please clarify
 
It depends on how long it takes til your current LC comes out of BEC, your EB category and country of birth.
if you are not retrogressed, it might be faster to go with new employer as you can get PERM approval quick and can file I140/I485 together. But if you are retrogressed, it's tough call, but in general, earlier PD will be better choice.
 
Last edited by a moderator:
You must log in or register to reply here.
Top