7th year H1 portability

S

suttu

Registered Users (C)
My employer recently files H1 extension since GC (in EB3) is stuck in Labor Backlog center. If approved, this extension will be valid till April 2007.

Now my question is: can i take another job within the next few months and have them apply afresh for GC. I will loose my priority date but i will be able to apply under EB2 which may be faster.

Any ideas gurus?
 
suttu said:
My employer recently files H1 extension since GC (in EB3) is stuck in Labor Backlog center. If approved, this extension will be valid till April 2007.

Now my question is: can i take another job within the next few months and have them apply afresh for GC. I will loose my priority date but i will be able to apply under EB2 which may be faster.


How sure your job requrirements going to be EB2. What is your EB3 priority date.? If you go for PERM your priority date may be Oct 2005, and EB2 is going to retrogress, atleast couple of yeras. ( 2002).

Do not jump, if you get your h1 extn upto 2007 you are OK, BEC going to clear most ogfthe LC's by this year end or early next year.
Any ideas gurus?
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Thank you great guru. The problem is that my PD for the current LC is August 2004. Since it is in EB3, i see no hope of gettin to 485 in the next three yrs even if labor is approved.

Whereas if i go for a new application, under PERM EB2, even if it retrogresses, it will still be faster than current process, EB3 with PD of august 04. So its just loosing a year of PD. Maybe some more moths for prep for PERM but not much.
 
suttu said:
Thank you great guru. The problem is that my PD for the current LC is August 2004. Since it is in EB3, i see no hope of gettin to 485 in the next three yrs even if labor is approved.

Whereas if i go for a new application, under PERM EB2, even if it retrogresses, it will still be faster than current process, EB3 with PD of august 04. So its just loosing a year of PD. Maybe some more moths for prep for PERM but not much.
Click to expand...

Because ,you did not give your PD in your first posting, having EB3 PD Aug 2004, if you are eligible go ahead with PERM EB2.
 
Changing jobs during 7th year H1B extension

Just last week I received my 7th H1B extension sponsored by my current employer. The extension is valid through 6/1/06.

I have been asked to interview for a position with a different company. My question is, given that I am on my 7th year extension, can I switch jobs?

Any help will be much appreciated!
 
krannert said:
Just last week I received my 7th H1B extension sponsored by my current employer. The extension is valid through 6/1/06.

I have been asked to interview for a position with a different company. My question is, given that I am on my 7th year extension, can I switch jobs?

Any help will be much appreciated!
Click to expand...

How sure your current employer is generous enough to keep your LC.

If they withdraw their LC?????
 
great guru said:
How sure your current employer is generous enough to keep your LC.

If they withdraw their LC?????
Click to expand...


Great Guru, thanks for your reply!
Actually, I am not sure at all. I have not yet "crossed that bridge". Is there a way to somehow transfer LCs? If not, Could the new employer apply for a new LC given that I have a valid H1B.

Thanks!
 
Great Guru,
thanks for your input but still not clear on the portability aspect.

My current employer filed labor in August 04, my H1 expires in April 06. Employer has filed an H1 extension, this will make my H1 valid till April 07.

The question is: can i switch job and have my new employer request H1 transfer and still keep the new H1 expiration date?
 
suttu said:
Great Guru,
thanks for your input but still not clear on the portability aspect.

My current employer filed labor in August 04, my H1 expires in April 06. Employer has filed an H1 extension, this will make my H1 valid till April 07.

The question is: can i switch job and have my new employer request H1 transfer and still keep the new H1 expiration date?
Click to expand...

Yes, you can do that.

What is the guarantee the current employer keep your LC.?
 
great guru said:
Yes, you can do that.

What is the guarantee the current employer keep your LC.?
Click to expand...

The former employer will not keep LC, that is for sure. but is it important? H1 is H1, isnt it, or is it that the 7yr H1 is valid only if the LC used to request this extension is till in place?
 
krannert said:
Great Guru, thanks for your reply!
Actually, I am not sure at all. I have not yet "crossed that bridge". Is there a way to somehow transfer LCs? If not, Could the new employer apply for a new LC given that I have a valid H1B.

Thanks!
Click to expand...

LC is not tranferable.

You can make LC through company A, B through Z simultaneously.

You no need to have H1 visa with them.

Even you no need to be present in US too.

LC is independent of H1 visa, and LC is for your future permanent job.
 
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