I am on 7th year extension of my H1b (expires 7th year in Dec 2005). My labor certification is in process and received by Dallas office in december 2002. My current company's financial situation is not good and I might have to go back to India. Can I switch job and do my H1 transfer and still I can stay in US. If my new company B is already have labor certification with same skill set and I transfer my H1b to new company B then is that is the solution for my problem. If there any alternative for me to stay in USA legally.
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7th Year extension, Labor in process - Can i switch jobs - any alternate
- Thread starter akam25
- Start date
Yes, that is one of the solutions. There is one condition on new companies LC filed date, it should be 365 days old when you are ready to file your 8th year extension, i.e. the LC that new company is going to substitute you on should have been filed no later than Dec 2004.akam25 said:I am on 7th year extension of my H1b (expires 7th year in Dec 2005). My labor certification is in process and received by Dallas office in december 2002. My current company's financial situation is not good and I might have to go back to India. Can I switch job and do my H1 transfer and still I can stay in US. If my new company B is already have labor certification with same skill set and I transfer my H1b to new company B then is that is the solution for my problem. If there any alternative for me to stay in USA legally.
If that is not the case, there is another wayout to get your 8th year extension. You should get the proof of your LC filing with your current company as it was filed in 2002. Based on this LC filing receipt, you can get your 8th year extension with new company also. So if you have this proof, you may not even need to get the pre approved LC. You can join your new company now, file for H1 txfr of remaining H1 period of 7th yr. Apply for a new LC from new company. Get your 8th yr. ext in Dec based on previous conpanies LC filing receipt. Then, if needed, get 9th year extension based on this new companies LC filing.
I am in a similar situation - I am on my 7th year H1 due to expire Sep 2005 and am expecting my 8th year extension in a couple of weeks. This is on the basis of a pending Sep 2003 RIR filed by Company A in Illinois (Now in the Dallas BEC black hole).
My question is - If I take up a job with Company B in New Jersey, will I be able to transfer my H1 effective through Sep 2006 (not 2005)? Thanks!
My question is - If I take up a job with Company B in New Jersey, will I be able to transfer my H1 effective through Sep 2006 (not 2005)? Thanks!