7th year extension with new employer after H1 transfer

S

sstalib

New Member
I am in the sixth year of my H1-B. Its set to expire in June 05.

1) If a new employer is willing to transfer my H1. Is it possible that the new employer can get me a extension?

2) My current employer has filled for my G.C. Can he let it go thru the labor process even after I change my employer?

3) Based on the fact that a G.C. has been filed in May 04 which is the priority date, Can the new employer get me an H1 extension into the 7th year?

Thanks for your replies.
 
sstalib said:
I am in the sixth year of my H1-B. Its set to expire in June 05.

1) If a new employer is willing to transfer my H1. Is it possible that the new employer can get me a extension?
------ yes if your LC or I-140 is pending more than year and you have evidence
2) My current employer has filled for my G.C. Can he let it go thru the labor process even after I change my employer?
------- It seems your current employer has ONLY filed LC for you, if you leave him he may withdraw the LC
3) Based on the fact that a G.C. has been filed in May 04 which is the priority date, Can the new employer get me an H1 extension into the 7th year?
------- when was your LC filed ,Month ,year? if LC is NOT pending more than 365 days then new employer cant get you 7th year extension, if LC is filed by ANY employer for you and it is pending more than 365 days AND you have evidence of LC filling( SESA or SWA reciept that is sent to lawyer after SESA or SWA recieves the LC)
Thanks for your replies.
Click to expand...
 
Hi, can company B file a H1-B 7 yr extension for me based on a LC receipt from SWA which was filed by company A, assume it is already 365 days? If yes, is there any reason that company A or its lawyer will not like to provide that receipt to me, if I leave company A to join company B? Thanks!
 
Your old company may pull back the LC filing and then you have no grounds for extension so tread carefully.
Also the company and lawyer are not obligated to give the LC receipt number.
 
9th yr ext + transfer (7th yr ++)

I asked this Q before, however I would like to confirm with you folks again.

I have the copy of approved LC (AD 04/2002). Unfortunately, I-140s repeatedly getting denied on current company's(A) inadequate finances. My current 8th yr ext will expire in 06/2005.

I would like to switch to another company(B) to start GC process from ground zero. My Qs are

1. Can I able to get 9th yr H1-B ext and transfer to NEW company(B) based on current company(A)'s approved LC ?

2. Hypothetically, after transfer to B, if new company(B) would not able to file new LC before 365 days of H1 expiry, Would I able to get 10th yr H1 ext based again old company(A)'s LC?

3. Is there any time line that I can not use approved LC for H1 exts?

Appreciate your suggestions.
-L
 
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Questions

Hi,

LC is filed with company A and when continueing with 7th year extension
if company B offers an employment, Is it possible to transfer H1B and join the new company.


If yes, if the company A drops the LC what will be impact ?

Thank you

arun
 
If yes, if the company A drops the LC what will be impact ?
Then you cannot extend your H1-B the next time around when it expires.
 
hathwar said:
If yes, if the company A drops the LC what will be impact ?
Then you cannot extend your H1-B the next time around when it expires.
Click to expand...

Thank you so much.

(1) But in the 7th year extension if the company B has pre approved labor and ready to transfer my H1-b and files for I-140&I-485, Is it Ok to proceed ?

(2) For the above case, If the company A drops the labor, Is there any impact ?

(3) And further extension of stay possible based on I-140 & I-485 filing for the preappoved labor ?

I didn't know much about the legal process, your advice is highly appreciated.

Thanks in advance
arun
 
arun_gc_waiting said:
Thank you so much.

(1) But in the 7th year extension if the company B has pre approved labor and ready to transfer my H1-b and files for I-140&I-485, Is it Ok to proceed ?
------- yes if you qualify to use that LC, you need to have same education, exp BEFORE that LC was filed, better take the LC copy and your education documents EXp letters to good lawyer and let him evaluate if you are qualifird to use that LC if qualified then file I-140, I-485, EAD AP
(2) For the above case, If the company A drops the labor, Is there any impact ?
------ NO problem
(3) And further extension of stay possible based on I-140 & I-485 filing for the preappoved labor ?
------ yes, you can file extension based on pending I-485, file h1 extension after you get I-485 filing reciept and try to maintain H1 status till your I-140 gets approved
I didn't know much about the legal process, your advice is highly appreciated.

Thanks in advance
arun
Click to expand...
 
I wanna keep you folks posted that recently USCIS sending RFE for 7th yr H1 transfer and Ext based on approved old company's LC for the 'sarwarMd'
 
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