7th year and PERM

M

maddux1

Registered Users (C)
I am on my H1 7th year (expire July 2006) and LC is in BEC-Dallas(POD 8/2003). My company has several offices in the US however they are in different states. My current office is being shutdown in the next 1.5 years hence my job is going to be terminated in the next 1.5 years. My office attorney said that even if my LC is approved tomorrow it still couldn’t be used to file I-140 because the office will eventually be shutdown.

This mean I have to move to another office (same company, diff location/state) and re-file LC using PERM. My questions are
1) can I file LC PERM right away (now) or do I have to renew 8th year extension then file LC PERM ?
2) what is my POD gonna be ? is it gonna based on my 1st LC or my 2nd LC ?

thanks
 
Use the old LC to file your 8th year H-1B and file the PERM additionally based on the new location.
 
what happen if my 1st LC come out? will I still be able to do 8th year extension based on my 1st LC ? will I be able to move and file the PERM?
 
What do you mean by come out, approved? Yes, you can use it to file your 8th year H-1B. As long as you go to a new location, you need a new LC. The LC is location specific.
 
yes. what happen is my 1st LC is approved BEFORE I file for 8th year extension? will I still be able to file 8th year extension? will I still be able to do H1 transfer to the new location and file PERM there.

THanks
 
To be qualified for the post 6 years H-1B (in your case the 8th year H-1B), the LC must be filed one year ago regardless of approved already or still pending. So you can use that LC (regardless of approved already or still pending) to file your 8th year H-1B and then do H-1B transfer and file a new LC from a new location.
 
It doesn't matter if it gets approved or not. As long if the PD is right it can be used to extend.

maddux1 said:
yes. what happen is my 1st LC is approved BEFORE I file for 8th year extension? will I still be able to file 8th year extension? will I still be able to do H1 transfer to the new location and file PERM there.
Click to expand...
 
Thanks to the replies !!!
I really appreciate you all

as you know from my original posting, my company is shutting down but will not completely close until 1.5 years from now. Yet they say that even if my labor is approved tomorrow they will not be able to file for I-140 hence they suggest me to move to another location (same company).
I have to start over the LC of course. did they tell the truth about not being able to file i-140? I am very heartbroken. my POD is 8/03 I can have it approved early next year. is there any loophole? or diff path I can go ?


when is the soonest I can file for my (8th year) extension ? my 7th year is going to expire on july 06. can I renew now ?

let's say the soonest I can renew is Jan 06. if I renew on Jan 06 my 8th year is gonna be
a) from Jan 06 - jan 07 OR
b) from July 06 - july 07 ?

so when the 45 days letter come, my company should just say "proceed" right ? I am still going to be able to do h1 transfer and file PERM.

Thanks.
 
That sucks honestly.

1.5 years should be long enough to get I-140/I-485 done (w/o retrogression).
If they filed I-140 at least and it got approved you could carry over your good PD to another location/employer....

My company 'knew' the office was probably closing. Still they filed I-140/I-485 a month before still (didn't help much since they cancelled the I-140 after closing...- but that was another HR person then).

In the light of retrogression talk to them again to at least file I-140 or better also I-485. If all things go well you could have your GC in 1.5 years or at least take advantage of AC-21 portability and finish it at the new location.

They seem to be using an excuse to stall you.

maddux1 said:
Thanks to the replies !!!
I really appreciate you all

as you know from my original posting, my company is shutting down but will not completely close until 1.5 years from now. Yet they say that even if my labor is approved tomorrow they will not be able to file for I-140 hence they suggest me to move to another location (same company).
I have to start over the LC of course. did they tell the truth about not being able to file i-140? I am very heartbroken. my POD is 8/03 I can have it approved early next year. is there any loophole? or diff path I can go ?


when is the soonest I can file for my (8th year) extension ? my 7th year is going to expire on july 06. can I renew now ?

let's say the soonest I can renew is Jan 06. if I renew on Jan 06 my 8th year is gonna be
a) from Jan 06 - jan 07 OR
b) from July 06 - july 07 ?

so when the 45 days letter come, my company should just say "proceed" right ? I am still going to be able to do h1 transfer and file PERM.

Thanks.
Click to expand...
 
7th Year H1b Extension by Co. B on pending labor filed by Co. A

Hi guys,

Due to some reason I want to join company B on the 7th year extension based of pending labor filed by company A. My 6 years on H1 are almost completed. Can I do it?

If it is possible can I file another PERM labor through the company A?

Thanks.
 
IBCDesi said:
Hi guys,

Due to some reason I want to join company B on the 7th year extension based of pending labor filed by company A. My 6 years on H1 are almost completed. Can I do it?

If it is possible can I file another PERM labor through the company A?

Thanks.
Click to expand...

Yes you can. You can file for extension/transfer to company B based on pending labored filed at A. Do a premium process so that you can be sure that it was approved and move on to the new co... ask your new company to file for perm immediately.. you should be fine.... there will be some risk involved if the current trend of prem approvals and I140 approvals change.. If by the following extension you do not clear your I140, then, you cannot extend any further.. This plan would work only if your I140 from B is cleared by 7th year end.

hope this helps.. however please consult your lawyer on this..

gcco
 
what do you mean with this

" .... there will be some risk involved if the current trend of prem approvals and I140 approvals change.. If by the following extension you do not clear your I140, then, you cannot extend any further.. This plan would work only if your I140 from B is cleared by 7th year end."

I thought as long as your first LC was filed 365 days before the end of 6th year you can extend your n-th year extension until i-140 is approved. after 140 is approved you can extend every 3 yrs.
 
maddux1 said:
what do you mean with this

" .... there will be some risk involved if the current trend of prem approvals and I140 approvals change.. If by the following extension you do not clear your I140, then, you cannot extend any further.. This plan would work only if your I140 from B is cleared by 7th year end."

I thought as long as your first LC was filed 365 days before the end of 6th year you can extend your n-th year extension until i-140 is approved. after 140 is approved you can extend every 3 yrs.
Click to expand...

You are right. you need a pending GC of more than 365 days or an approved I140 to extend your H1. But how sure are you that your present employer would not withdraw the GC petition?? That's the first thing that ex-employers do (required by DOL) when employees leave. If and when he does that... you have to base everything on your new GC..

hope this helps..
gcco
 
little messy now

Actually the pending LC was filed by my previous (A) employer in 365 and that is currently with BEC. I asked the lawyer if he received 45 day letter. Not yet. Employer has also not taken any action (he laid me off in April 2004 and told not take any action on GC).

GCCO, are you sure that LC has to be withdrawn like H1, if the employee is not more with the company. But GC is future employement and LC is part of that, a person not necessarily be with company while LC is initiated. Please correct me if wrong.

I have some problem with the present (X) employer. So I am planning to join (B) employer while my 6 years are about to complete and I intend to take 7th year extension on the pending labor of (A) employer.

Thanks
 
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IBCDesi said:
Actually the pending LC was filed by my previous (A) employer in 365 and that is currently with BEC. I asked the lawyer if he received 45 day letter. Not yet. Employer has also not taken any action (he laid me off in April 2004 and told not take any action on GC).

I have some problem with the present (X) employer. So I am planning to join (B) employer while my 6 years are about to complete and I intend to take 7th year extension on the pending labor of (A) employer.

Thanks
Click to expand...


Check status of pending labor at backlog centre.. You will know for sure if the labor was withdrawn or not.

gcco
 
Original Post

when is the soonest I can file for my (8th year) extension ? my 7th year is going to expire on july 06. can I renew now ?

let's say the soonest I can renew is Jan 06. if I renew on Jan 06 my 8th year is gonna be
a) from Jan 06 - jan 07 OR
b) from July 06 - july 07 ?

If it is A, and I file the new LC (PERM) on Feb 06.
let say again that the new LC PERM got approved Aprl 06, then immediatelly I file for I-140. I will not be able to file I-485 because of retrogression. I just check Nebraska Service center I-140 skilled labor /eb3 is March 04. so it is 1.5 years. So by the time my 8th year extension expires (with LC PERM approved) I will not have I-140 approved.

will I be able to renew/extend to 9th year extension ???

if it is B does it CRUCIAL to FILE LC BEFORE July 06 ????
 
maddux1 said:
when is the soonest I can file for my (8th year) extension ? my 7th year is going to expire on july 06. can I renew now ? Not now.. You can only apply 6 months before.

let's say the soonest I can renew is Jan 06. if I renew on Jan 06 my 8th year is gonna be
a) from Jan 06 - jan 07 OR
b) from July 06 - july 07 ? correct

If it is A, and I file the new LC (PERM) on Feb 06.
let say again that the new LC PERM got approved Aprl 06, then immediatelly I file for I-140. I will not be able to file I-485 because of retrogression. I just check Nebraska Service center I-140 skilled labor /eb3 is March 04. so it is 1.5 years. So by the time my 8th year extension expires (with LC PERM approved) I will not have I-140 approved.


will I be able to renew/extend to 9th year extension ???

if it is B does it CRUCIAL to FILE LC BEFORE July 06 ????

Ok this is what I think will be safe... Apply for extension at the earliest possible date (6 mths before) and apply in premium so that even if ex-employer withdraws LC, you would be safe.. Normal process takes about 6 mths... very risky if you are planning to join new company as soon as you get reciept.

Now with receipt join new co & STRESS to them to do perm process ASAP.
It takes about 2-3 mths to get prepared (advertisment & paperwork). Approval can come anytime between 2 days to 3 mths (hopefully if current trend doesn't change). As for I140.. the dates in teh websites are wrong... go and read the thread in this forum - I140 tracker for Nebraska.. Usually approvals in about 2-3 mths.. :). Again current trends.. Just pray hard that it will stick around for a while.... All this should take about 9- 10 mths avg.. With approved I140, you can get 3 years of H1 extension..

So weigh the pros & cons & decide wisely.. :) Good luck
Click to expand...
 
Last edited by a moderator:
maddux1 said:
when is the soonest I can file for my (8th year) extension ? my 7th year is going to expire on july 06. can I renew now ?

let's say the soonest I can renew is Jan 06. if I renew on Jan 06 my 8th year is gonna be
a) from Jan 06 - jan 07 OR
b) from July 06 - july 07 ?

If it is A, and I file the new LC (PERM) on Feb 06.
let say again that the new LC PERM got approved Aprl 06, then immediatelly I file for I-140. I will not be able to file I-485 because of retrogression. I just check Nebraska Service center I-140 skilled labor /eb3 is March 04. so it is 1.5 years. So by the time my 8th year extension expires (with LC PERM approved) I will not have I-140 approved.

will I be able to renew/extend to 9th year extension ???

if it is B does it CRUCIAL to FILE LC BEFORE July 06 ????
Click to expand...

Sorry I just read your previous posts.. In your situation...ask current co to file I140 and get it approved before you move.. Once approved you can use your earlier PD for new GC process. And in that case, you needn't worry about extension at all.. your PD would be more than 365 days old..

hope this helps..
gcco
 
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