6th Yr H1B Extension and a possible job change

B

bombay_rail

Registered Users (C)
Hello,

I am in my 6th year H1B which is getting expired on Feb 20th 2007. My I140 is approved couple of months back. My employer has applied for the H1B Extension for 3 years on Jan 8th. According to the current status, I will not get my H1B extension papers until March 2007.

My work contract with the client is getting over by Feb 28 and the chances of extension are almost zero. Since my relation with my employer is on a contractual basis, any thing can happen once my work contract is over.

Question 1:

How does it work if I loose the job before the approval of my H1B (I will have the receipt notice) and also I have to change the employer at the same time?
Can some one let me know about this?

Question 2:

Due to the above confusion, I am debating with me, should I file the H1B extension in premium process or not?
The reason for this thought is, if I loose the job I have to search only for the job and need not to worry about the legalities. I simply have to transfer the H1B to the new employer.

What about the expert’s opinion on this?

Any advices on this would be much appreciated.
 
Your H-1B is based on your job. If you lose your job, how can you still be in H-1B status (even if your H-1B extension can be approved before you lose your job)? Try to get a new job ASAP.
 
hi immiq,

I think one can be on bench for one month. Within a month one has to get another employer who can sponser his/her H1B, in case of a change of employer.
 
H1B Extn beyond 6 years

Dear bombay_rail,

First & foremost....

1) File for your H1B extn in premium processing immediately....You will get a 3 year extn based on your approved I-140...Also simultaneously look for other jobs and file for 3 year H1 extn based on the approved I-140 from current employer...

2) Our popular friend immig is correct....Technically you are out of status the day you get laid off...even with a approved I-129 (H1B) petition....but USCIS understands this situation and the general unwritten rule is that if you can have another company file a H1 petition within 30 days they DO NOT make a big deal of the fact that you have been out of status for 30 days.....Thing is USCIS may not even be aware of your laid off status cos most companies do not actually file for revoking your I-129 (h1) when they let you go...Problem in your case is it would be illegal to seek subsequent extension beyond 6 years from another employer based on a approved I-140 from your current employer when you have been let go by them...In a nutshell if the I-140 petitioner is letting you go then it also means they do not have any intension of pursuing your PR petition..That is why it is imperative you seek for alternate employment right away before you are let go and not after the fact...If you can get a H1 approved from a new employer I think it will continue to remain valid for the duration of the approvel (3 years) even though you will lose your Sep-2005 priority date and will have to start all over again for your emplyment based PR application....But it is better to have the GC delayed than be out of status...

3) The third thing you can do is try to make some kind of workable arrangement with your current employer....Since you already have a LC approved Sep-2005 & I-140 approved from them it is obvious that you have been working for them for quite sometime now...Why don't you suggest that you will be on unpaid vacation after Feb-28-2007 if your current project does not get extended...You can also try to find some other project on your own and negotiate the billing rate split between yourself and your employer...
The situation you are in is lot more common than you thing as many people on H1B work for consulting companies and their jobs are inevitably linked to the projects and their ability to generate revenue for the company....If this works then you can retain your Sep-2005 priority date and continue to work for your employer....Just a thought...I know it is easier said than done....

4) Please seek professional legal counsel and double check on my advice. Good luck to you and don't worry...Things will work out OK...

5) IMMIG & GotPR....Since you two are the most knowledgable in this forum (my personal opinion) If you see this post would you be kind enough to respond and add your comments...
 
Getting laid off-H Extn beyond 6 years with approved I-140

Dear bombay_rail,

First & foremost....

1) File for your H1B extn in premium processing immediately....You will get a 3 year extn based on your approved I-140...Also simultaneously look for other jobs and file for 3 year H1 extn based on the approved I-140 from current employer...

2) Our popular friend immig is correct....Technically you are out of status the day you get laid off...even with a approved I-129 (H1B) petition....but USCIS understands this situation and the general unwritten rule is that if you can have another company file a H1 petition within 30 days they DO NOT make a big deal of the fact that you have been out of status for 30 days.....Thing is USCIS may not even be aware of your laid off status cos most companies do not actually file for revoking your I-129 (h1) when they let you go...Problem in your case is it would be illegal to seek subsequent extension beyond 6 years from another employer based on a approved I-140 from your current employer when you have been let go by them...In a nutshell if the I-140 petitioner is letting you go then it also means they do not have any intension of pursuing your PR petition..That is why it is imperative you seek for alternate employment right away before you are let go and not after the fact...If you can get a H1 approved from a new employer I think it will continue to remain valid for the duration of the approvel (3 years) even though you will lose your Sep-2005 priority date and will have to start all over again for your emplyment based PR application....But it is better to have the GC delayed than be out of status...

3) The third thing you can do is try to make some kind of workable arrangement with your current employer....Since you already have a LC approved Sep-2005 & I-140 approved from them it is obvious that you have been working for them for quite sometime now...Why don't you suggest that you will be on unpaid vacation after Feb-28-2007 if your current project does not get extended...You can also try to find some other project on your own and negotiate the billing rate split between yourself and your employer...
The situation you are in is lot more common than you thing as many people on H1B work for consulting companies and their jobs are inevitably linked to the projects and their ability to generate revenue for the company....If this works then you can retain your Sep-2005 priority date and continue to work for your employer....Just a thought...I know it is easier said than done....

4) Please seek professional legal counsel and double check on my advice. Good luck to you and don't worry...Things will work out OK...

5) IMMIG & GotPR....Since you two are the most knowledgable in this forum (my personal opinion) If you see this post would you be kind enough to respond and add your comments...
 
Dear Jugunu64,

Let me first say “THANK YOU VERY MUCH" for your detailed and very informative response to my post.

I think I understood your view point of why I need to go for the premium process.

As you suggested, I will be working towards establishing a workable agreement with my current employer if my current contracts ends by the end of the next month.

One more Q, I have is - If my contract cease to exist before the approval of my H1, what will happen to the extension application?
1. Can my employer withdraw the extension application in the middle of the process?
2. If NO, can the employer legally binded to deliver the received approval documents from USCIS to the employee?


Would you be kind enough to provide your views on this one as well ?
 
1. Can my employer withdraw the extension application in the middle of the process?
Click to expand...

Yes, Your employer can withdraw the petition for I-129 extension anytime they wish to?

2. If NO, can the employer legally binded to deliver the received approval documents from USCIS to the employee?
Click to expand...

Not applicable per answer above. However they can still issue you with a letter terminating your employment while not actually withdrawing your petition for H1 extension although I am not sure about the exact legal intricacies & implications of doing so....

Scenario 1. If they receive an RFE on your H extn petition and they do not respond to it since they are not willing to employ you anymore the petition would be considered abandoned and closed.

Scenario 2. They may actually receive the approval notice and may not be obligated to give you the approval notice.

These are all gray areas that go beyond the limits of my limited knowledge...Time is of essence for you but there is sufficient time if you act fast...Convert your existing H1 extension request from your current employer to premium processing. If everything goes OK you should have it approved by the end of the month. Simultaneously look for other employers and also engage in a dialouge with your employer to make sure you will not be let go...

My advice would be to stick with your current employer if things work out OK and you are confident that you would not have any issues with them in the future. That way you will able to retain your priority date.
 
Thank you very much Gunu for all your another detailed response.

These are all gray areas that go beyond the limits of my limited knowledge
Click to expand...

I don't agree with your above statement since I believe you have considerably good knowledge about the immigration matters, not limited knowledge.

Thanks a lot once again Gunu, I hope things will have a peaceful end.
 
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