7th year H1 extension after 140, no 485 and changing jobs

Thanks

Thanks so much for the reply. I am trying to contact my previous employer and the lawyer for information but they are not replying to my e-mails and phone calls. Once my labor was approved in my previous company, I-140 was also filed. Is it possible to substitute labor after I-140 is filed.
 
san12 said:
Thanks so much for the reply. I am trying to contact my previous employer and the lawyer for information but they are not replying to my e-mails and phone calls. Once my labor was approved in my previous company, I-140 was also filed. Is it possible to substitute labor after I-140 is filed.
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Yes it's possible.
Hopefully the sub labor will be emiminate by the end of this year.
I think you should file H1B extension right away. I believe the H1B adjudicator will be convinced by your labor certificate receipt from your state labor dept or BEC screenshot of H1B 7th year proof.
If you move fast, it’s less likely for you to have trouble with H1B extension.
 
Substitution after filing 140

san12 said:
Thanks so much for the reply. I am trying to contact my previous employer and the lawyer for information but they are not replying to my e-mails and phone calls. Once my labor was approved in my previous company, I-140 was also filed. Is it possible to substitute labor after I-140 is filed.
Click to expand...

Yes. It is possible for the employer to withdraw the 140 and substitute the LC for another employee BEFORE the 1st 140 gets approved. But, once your 140 is approved you keep the priority date even if the employer withdraws the 140. (Only thing is you must keep a copy of the 140 approval document).
 
San,

I guess you are missing two things...
Two things can happen to your previous LC
1. It can be substituted (hopefully wont happen after few months but you never know)
2.Withdrawn by the company (can happen any time, and my company did say after some times (say 3-6 months) they do withdraw the LC).

If any of this happen then I believe (and consult a lawyer) you cannot extend your h1. If none of the above is happening, then you are good to go. Please consult a lawyer and take a considerate decision. Know all the facts

rgds
a
 
jnpr said:
It’s a relief to see more and more confirmation here.

I have a very important question here:
If my labor through company A is pending 365 days---including labor approved and started at least 365 ago, may I just extend H1B through new employer company B, company C... indefinitely, for the rest of my life?

Please notice that once labor substitute is eliminated, there will be no issue regarding other beneficiary of your labor certificate.

This question is very meaningful to me. My 485 is not filed yet and AC21 employment portability is so far away from me now. In case I have to leave my current employer and can NOT find a green card sponsor employer, can I just go ahead and work for the non-GC-sponsor employer first and then look for another employer which sponsors green card?
Thanks for your comments.
Click to expand...
Good question !!

The H1 extensions based on either a pending or approved LC are given only in 1 year increments. So....

In the scenario you are suggesting, it is possible as long as it is NOT reoked by the original LC finling employer. All depends on your relations with that employer.

Since the question of whether the Job / requirement is available etc does not arise at this point of time.

"Jab miya-bibi raji tho kya karega kazi " and we have the law as such, no restrictions on getting h1 extensions
 
Thanks a lot! I'm trying to find some lawyer. Can I apply labor through PERM? Is it possible to get extension on the basis of approved labor through PERM which will not be 365 days old
 
san12 said:
Thanks a lot! I'm trying to find some lawyer. Can I apply labor through PERM? Is it possible to get extension on the basis of approved labor through PERM which will not be 365 days old
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no you can't get extension based on your new PERM labor which will not be 365 days old on the H1B expiration date.

However, if you file H1B extension based on your old labor right away you will get H1B approved before your old labor is revoked or substituted.
If your new PERM is 365 days old on your new H1B expiration date, then you can extend your next H1B based on your new PERM 365 days.
 
Do you have any idea when labor substitution will go? Is there any notification regarding this? The reason I am asking this is that I want to change job now before I get into the extension period and if my labor is substituted or withdrawn, I should be able to get someone's approved labor in the new company if available before labor sub goes.
 
PERM labor

My wife just confirmed from her employer who said that seventh year extension can be obtained if the labor is approved ( and ofcourse not revoked/withdrawn/substituted) no matter how many days prior to H1 expiration date it was filed. The question of 365 days comes in picture only when labor is pending. Extension is granted on the basis of LC and if the labor is approved, extension is granted whether labor was filed 5 months or 5 years ago. So, if labor is approved under PERM, 7th year extension is possible. I'll confirm from one more place. Hope this brings relief for those who are in the same situation like me.
 
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Yes it is true,
H1 extensions can be obtained from Approved LC regardless of dates or days of approval.
The "365 days" clause is only comes into picture when the labor is pending approval.
 
THis is relevant to the discussion...can you comment?

Hello all:

Can you give me some advice? ( I would appreciate your patience to go through this monologue). Hopefully you can use some of the ideas or come up with more ideas based on these ideas.

I am EB-2 with a PD of May 2002 and applied for 485 in April 2005. My 140 is approved. 485 is not. I heard that I can use my PD for any GC application in the future.

Can I apply for a new GC with a new company in EB-1 category (I will very likely be qualified for EB-1) while I am waiting for my current green card? I can apply for the I-140 (without having to apply for labor since its EB-1), and then apply for I-485 and since the PD for EB-1 is Aug 2002 (well past my PD of May 2002), my 485 will not be affected by retrogression.

The job description for the new EB-1 will be very different (managerial) than the basis of the EB-2 application (engineering) but it will be in the same field.

The doubts that I have are:
a) Can another company sponsor me for a green card in EB-1 while this one is pending (in EB-2)
b) Can I use my current PD even though I will change categories from EB-2 to EB-1?
c) Can I use H1B extension of 3 yrs based on my approved I-140 to work for that new company while I am waiting for the EB-1 GC to be approved?
d) If I cant use option c), then can I work for that company on EAD (obtained based on current pending green card on EB-2)

Why am I doing this? Because my company is going through difficult times and because my salary will be much higher if I work in managerial position, unlike using AC21 to get another job with same description and thus getting lower pay as an engineer.

Does this make sense? Or have I already gone crazy with the shock of retrogression.

Your comments would be much appreciated to confirm my sanity...or insanity...:)))

Regards,

Santosh
 
santosh_30 said:
Hello all:

Can you give me some advice? ( I would appreciate your patience to go through this monologue). Hopefully you can use some of the ideas or come up with more ideas based on these ideas.

I am EB-2 with a PD of May 2002 and applied for 485 in April 2005. My 140 is approved. 485 is not. I heard that I can use my PD for any GC application in the future.

Can I apply for a new GC with a new company in EB-1 category (I will very likely be qualified for EB-1) while I am waiting for my current green card? I can apply for the I-140 (without having to apply for labor since its EB-1), and then apply for I-485 and since the PD for EB-1 is Aug 2002 (well past my PD of May 2002), my 485 will not be affected by retrogression.

The job description for the new EB-1 will be very different (managerial) than the basis of the EB-2 application (engineering) but it will be in the same field.

The doubts that I have are:
a) Can another company sponsor me for a green card in EB-1 while this one is pending (in EB-2)
b) Can I use my current PD even though I will change categories from EB-2 to EB-1?
c) Can I use H1B extension of 3 yrs based on my approved I-140 to work for that new company while I am waiting for the EB-1 GC to be approved?
d) If I cant use option c), then can I work for that company on EAD (obtained based on current pending green card on EB-2)

Why am I doing this? Because my company is going through difficult times and because my salary will be much higher if I work in managerial position, unlike using AC21 to get another job with same description and thus getting lower pay as an engineer.

Does this make sense? Or have I already gone crazy with the shock of retrogression.

Your comments would be much appreciated to confirm my sanity...or insanity...:)))

Regards,

Santosh
Click to expand...

I forgot to say that I am currently on my 8th year extension!!!!
 
santosh_30 said:
Hello all:

Can you give me some advice? ( I would appreciate your patience to go through this monologue). Hopefully you can use some of the ideas or come up with more ideas based on these ideas.

I am EB-2 with a PD of May 2002 and applied for 485 in April 2005. My 140 is approved. 485 is not. I heard that I can use my PD for any GC application in the future.

Can I apply for a new GC with a new company in EB-1 category (I will very likely be qualified for EB-1) while I am waiting for my current green card? I can apply for the I-140 (without having to apply for labor since its EB-1), and then apply for I-485 and since the PD for EB-1 is Aug 2002 (well past my PD of May 2002), my 485 will not be affected by retrogression.

The job description for the new EB-1 will be very different (managerial) than the basis of the EB-2 application (engineering) but it will be in the same field.

The doubts that I have are:
a) Can another company sponsor me for a green card in EB-1 while this one is pending (in EB-2)
yes
b) Can I use my current PD even though I will change categories from EB-2 to EB-1?
Yes
c) Can I use H1B extension of 3 yrs based on my approved I-140 to work for that new company while I am waiting for the EB-1 GC to be approved?
No. only one year extension since you had filed 485 already. You can't apply for 3 years unless you want to withdraw the pending 485 or conceal you ever filed 485.
d) If I cant use option c), then can I work for that company on EAD (obtained based on current pending green card on EB-2)
Yes. You can either use EAD or H1B 1 year extension, preferrably H1B since it's hard for you to invoke AC21 due to different job description. EAD will be invalid once 485 is denied. However, H1B is valid as long as you have a second 140/485 pending
Why am I doing this? Because my company is going through difficult times and because my salary will be much higher if I work in managerial position, unlike using AC21 to get another job with same description and thus getting lower pay as an engineer.

Does this make sense? Or have I already gone crazy with the shock of retrogression.

Your comments would be much appreciated to confirm my sanity...or insanity...:)))

Regards,

Santosh
Click to expand...
You are okay/sane. I am also still in the recovery of the lightning shock for immigration community.
Also, you should invoke AC21 if your new employer/HR is willing to put the similar job description on the employment verification letter.

You should make both your 485 running, although your EB1 485 could be approved earlier due to retro.
 
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please help

Can anyone of you guys help...

This year I missed filing H1 for my wife and I plan to file it next year (was waiting for my GC to come, but now it will take forever, I am on H1 without LC approved yet).. The problem is she will have not more than 9 months (when her H4 + H1 period reaches 6 years), starting october 2006 before she completes 6 years. Now for her to stay with me and work, she either needs
to
1. Have filed her labor 1 year before (that she cannot do as she will only have 9 months before her 6 years completion)
2. Or have an approved or applied 140 (what's the rule guys)

Is there a possibility that she can work and not have to go out and stay out for an year. Any ideas.

Thanks,
a
 
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