7th year extension for new employment

dreams_n_work

Registered Users (C)
Hello all.

My H1 duration ends after four months. My LC was started 13 months before my H1 duration will end. If a change in employer is to be considered, can I use the LC receipt notice of employer X and get the 7th year H1 extension for another employer Y.

After the 7th year extension, if new employer Y will need to renew their H1 for another year, will they be allowed an extension based on their own Labor certification (which will be more than 365 days in process when the 8th year renewal becomes due)

Can I apply for an extension using priority H1 processing right now with the required documents and get the extension in a few days even though my LC is not pending for 365 days as of now?

Thanks for your guidance.
 
dreams_n_work said:
Hello all.

My H1 duration ends after four months. My LC was started 13 months before my H1 duration will end. If a change in employer is to be considered, can I use the LC receipt notice of employer X and get the 7th year H1 extension for another employer Y.
----yes
After the 7th year extension, if new employer Y will need to renew their H1 for another year, will they be allowed an extension based on their own Labor certification (which will be more than 365 days in process when the 8th year renewal becomes due)
--yes( but LC from New employer may not be pending for 365 days becase now the new employer has to file LC through PERM and it may be processed in 2-3 months,employer needs to take the help of good lawyer to file through PERM)
Can I apply for an extension using priority H1 processing right now with the required documents and get the extension in a few days even though my LC is not pending for 365 days as of now?
----- LC HAS TO BE PENDING MORE THAN 365 days then your employer can file through premium processing.
Thanks for your guidance.
 
Is this possible ?

Here is my situation

I am with compamy A since last 7 years on H1B. This compnay A has filed my Green card and I am waiting my LC to be approved since last three and half years. Based on Green card process and LC took more then year, I got my 7th and 8th year H1 extension. Right now I am on 8th year extension which will expire after 10 months.

Now questions
Can I transfer my H1-B visa to compnay B and if so, will I be eligible to get H1 extension if compnay A keep processing my Green card?
How safe this can be i.e what if company stop my Green card process
suppose if compnay A stops green card, Will I be out of status ? if not then company B can start my GC, Can I transfer my H1B and file my green card with compnay B under PERM ?
 
yashman said:
Here is my situation

I am with compamy A since last 7 years on H1B. This compnay A has filed my Green card and I am waiting my LC to be approved since last three and half years. Based on Green card process and LC took more then year, I got my 7th and 8th year H1 extension. Right now I am on 8th year extension which will expire after 10 months.

Now questions
Can I transfer my H1-B visa to compnay B
--YES
and if so, will I be eligible to get H1 extension if compnay A keep processing my Green card?
----- Yes, if the company A does not cancell the LC or use it for sombody after it is approved
How safe this can be i.e what if company stop my Green card process
suppose if compnay A stops green card, Will I be out of status ?
----- yes, if you dont have valid H1 to work.


if not then company B can start my GC, Can I transfer my H1B and file my green card with compnay B under PERM ?
----- you CAN do that but remember that employer A LC has early PD of (i think 2002) it means once the LC of A gets approved you may be able to file I-140, I-485, EAD AP and your GC will be processed EARLY . if you start GC process now it will have PD of 2005 and if you belong to India, China, long wait to get GC if the employer files LC in EB3. FYI many lawyers predict that EB2 is also going to retrogess in coming months.
** if I am in your situation and I want GC early I would stick with A.
 
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