7th year extension with new employer

[h1_b_7th_year]

Hi,

I am trying to get an answer for my situation.

My 6 year H1B expires 2nd Dec 2004. My employer filed for LC on Dec 1st 2003 (reciept date). They filed one day before the end of 5th year, so I will be eligible for 7th year extension.

Unluckly I was laid off early Jun 2004. Still on severance pay. Has around one more month to go. What are the options I have now?

1. Look for approved Labor. Well, I am trying. I hope I would find one.

2. Hoping that my previous employer wont cancel the LC, can I file for 7th year extension on Dec 1st 2004, using the LC reciept number? and in the mean time file new LC with new employer, so that I can be eligible for 8th year extension? Is this a valid approach?? I am not on previous employers LC for more than 365 days. Can anybody elaborate on risks??

Thanks and waiting for your response.

 

[ginnu]

Hi,

I am trying to get an answer for my situation.

My 6 year H1B expires 2nd Dec 2004.
My employer filed for LC on Dec 1st 2003 (reciept date).
They filed one day before the end of 5th year, so I will be eligible for 7th year extension.
---- YES, you need good lawyer and he should attach the LC filing reciept as Evidence that he recieved from SWA or SESA after LC was filed
Unluckly I was laid off early Jun 2004. Still on severance pay. Has around one more month to go. What are the options I have now?

1. Look for approved Labor. Well, I am trying. I hope I would find one.
----- yes, find approved Lc and file I-140 I-485, EAD AP just check the approved LC if you qualyfy to use that becase you need the same skills, education BEFORE that LC was filed
2. Hoping that my previous employer wont cancel the LC, can I file for 7th year extension on Dec 1st 2004, using the LC reciept number?
--YES(with COPYof LC filing reciept, reciept #only may not work)
and in the mean time file new LC with new employer, so that I can be eligible for 8th year extension?
--fle New LC for Back up
Is this a valid approach??
-Yes
I am not on previous employers LC for more than 365 days. Can anybody elaborate on risks??
---one can file 7th year H1 extension based on ANY employer LC that was filed for YOU and it pending more than 365 days and you have evidence of LC filing and LC is NOT revoked
Thanks and waiting for your response.