7 yr h1 expiring in oct

Y

yogi64

Registered Users (C)
Hi,
I have 7 yr h1 expring in oct 06. I had old labor in backlog since August 2003. My company applied my labor in perm in Sept 2005 but did a typo with SWA job year (typed 2004 instead of 2005) and labor was denied.

Now my company got a letter from backlog center asking whether to continue with old labor ( 8/2003). If company says yes to continue labor and apply for my 8yr extension of H1, will my H1 extension get approved ? (because of labor date 08/2003) or not because it was denied in perm (Sept 2005)?

What are my option? Please advice.


Thank you.
 
H1 B Stamping

Hi,

My H1B expires in May 2007. I have my H1B stamped on my passport, but when that was done, I was working for my previous employer. Last year, in June I was laid off, and soon after, received a new job, and the new employer transferred my H1B. So, I have the new I-797, with the name of the new company, but the visa on my passport states the name of the old company. I am planning to travel outside of the US, and I am wondering if I need to first go back to my home country to get a fresh H1B stamp. Could anyone please advise?

Thanks for your time.
 
yogi64 said:
Hi,
I have 7 yr h1 expring in oct 06. I had old labor in backlog since August 2003. My company applied my labor in perm in Sept 2005 but did a typo with SWA job year (typed 2004 instead of 2005) and labor was denied.

Now my company got a letter from backlog center asking whether to continue with old labor ( 8/2003). If company says yes to continue labor and apply for my 8yr extension of H1, will my H1 extension get approved ? (because of labor date 08/2003) or not because it was denied in perm (Sept 2005)?

What are my option? Please advice.


Thank you.
Click to expand...

Continue with your old LC and your H1 8th year will get approved. I think your old LC and New perm LC are not related (are they?)
 
rania said:
Hi,

My H1B expires in May 2007. I have my H1B stamped on my passport, but when that was done, I was working for my previous employer. Last year, in June I was laid off, and soon after, received a new job, and the new employer transferred my H1B. So, I have the new I-797, with the name of the new company, but the visa on my passport states the name of the old company. I am planning to travel outside of the US, and I am wondering if I need to first go back to my home country to get a fresh H1B stamp. Could anyone please advise?

Thanks for your time.
Click to expand...
If you will be returning before the expiry date of H1 stamp on your passport, then there is no problem. If your H1 stamp from old employer is still valid, you do not need to get a new stamp.
If you will be returning close to or after the date of H1 stamp on your PP, then you need to get stamping.
Check with your lawyer also, my knowledge about H1 issues is a bit old now.
 
H1B Stamping

Thanks Eric!

My H1B stamping is valid till the end of May 2007. I will come back to the US, mid-May of 2006. In that case, I hope that there will be no problem. However, as you advised, I will consult a lawyer.
 
Thank You Eric.

So, I talked to my company today and they are replying to backlog center to continue with my old labor (08/2003). If my H1 gets extended in April 06 then should my company file for a labor in PERM or wait to hear from Backlog center? Is there any difference between recruitment efforts required between PERM and old system.

Thanks again for your help.
 
rania said:
Thanks Eric!

My H1B stamping is valid till the end of May 2007. I will come back to the US, mid-May of 2006. In that case, I hope that there will be no problem. However, as you advised, I will consult a lawyer.
Click to expand...

Yes, you can travel with the old visa. At POE, show the new I-797, they will give you the I-94 until the expiration date on the new I-797.

I did the same way in end of Aug 05, my visa was expiring on mid of Oct 05. Got the I-94 until Apr 06 (as expiry date in new I-797)
 
yogi64 said:
Thank You Eric.

So, I talked to my company today and they are replying to backlog center to continue with my old labor (08/2003). If my H1 gets extended in April 06 then should my company file for a labor in PERM or wait to hear from Backlog center? Is there any difference between recruitment efforts required between PERM and old system.

Thanks again for your help.
Click to expand...
IMO, it is possible for your company to file for PERM any time without waiting for BEC. I do not know how different recruitement effots are. Check for these topics in the LC forum.
 
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