I have a valid H1 visa until Aug'04. My labor certification has been applied a while ago with the same company. So, based on the extension rule, I got H1 extension till Sep'05. I would like to know if I can switch companies now. Does the extension become invalid if I change jobs?? Or since I already have the I-797 approval till Sep'05, can I tranfer my H1 to the new company??
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7th year extension based on GreenCard
- Thread starter Rajeev74
- Start date
Originally posted by Rajeev74
I have a valid H1 visa until Aug'04. My labor certification has been applied a while ago with the same company. So, based on the extension rule, I got H1 extension till Sep'05. I would like to know if I can switch companies now.
----- YES, with H1 transfer
Does the extension become invalid if I change jobs??
---- NO your new employer need to file H1 transfer with recent pay stubs from past company
Or since I already have the I-797 approval till Sep'05, can I tranfer my H1 to the new company??
---- you can file H1 transfer with new company, join when you get H1 transfer filing reciept from USCIS
Re: Re: 7th year extension based on GreenCard
Hi ginnu,
I have a question about the extension. What happens when Rajeev74 applies for the 8th year extension...? Does he apply for 8th year extension with his previous company's Labor Certification..? What happens if his previous company withdraws his Labor certification...?
I am in the 6th year of H-1B and would like to know the options for switching companies.
Cheers
Mottai
Hi ginnu,
I have a question about the extension. What happens when Rajeev74 applies for the 8th year extension...? Does he apply for 8th year extension with his previous company's Labor Certification..? What happens if his previous company withdraws his Labor certification...?
I am in the 6th year of H-1B and would like to know the options for switching companies.
Cheers
Mottai
Originally posted by ginnu
Re: Re: Re: 7th year extension based on GreenCard
Originally posted by mottai
Hi ginnu,
I have a question about the extension. What happens when Rajeev74 applies for the 8th year extension...?
---IF the LC from ANY employer is pending more than 365 days he can apply H1 extension
Does he apply for 8th year extension with his previous company's Labor Certification..?
---YES, if he has evidence that LC was filed and has LC filing reciept that lawyer gets after LC is filed and SESA or SWA sends it to lawyer, he should keep the copy of that LC filing reciept becase that will have employer name and Rajeev74 name on It
What happens if his previous company withdraws his Labor certification...?
------ in this situation if he applied 7th year H1 and the USCIS finds that LC has been withdrawn then they will NOT approve H1 extension, if LC is withdrwan AFTER the USCIS has approved 7th year H1 extensin then that 7th year H1 extension will be valid but Rajeev canot extend for 8th year
I am in the 6th year of H-1B and would like to know the options for switching companies.
------ you need to post your situation
Cheers
Mottai
------ in this situation if he applied 7th year H1 and the USCIS finds that LC has been withdrawn then they will NOT approve H1 extension, if LC is withdrwan AFTER the USCIS has approved 7th year H1 extensin then that 7th year H1 extension will be valid but Rajeev canot extend for 8th year
What happens if the new company files the LC and by the time the 7th Year H1 period is over and 1yr has elapsed since new LC, can an 8th year extension be possible??
What happens if the new company files the LC and by the time the 7th Year H1 period is over and 1yr has elapsed since new LC, can an 8th year extension be possible??
Originally posted by Rajeev74
------ in this situation if he applied 7th year H1 and the USCIS finds that LC has been withdrawn then they will NOT approve H1 extension, if LC is withdrwan AFTER the USCIS has approved 7th year H1 extensin then that 7th year H1 extension will be valid but Rajeev canot extend for 8th year
What happens if the new company files the LC and by the time the 7th Year H1 period is over and 1yr has elapsed since new LC, can an 8th year extension be possible??
---YES, if LC filed by new employer is pending more than 365 days and you get the evidence (SESA or SWA reciept that had LC filing PD, case # and your name and employer name on it)