7th Year H1B Ext due to Labor Approval Delays

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vemi007

Registered Users (C)
Hi Guys,

My Labor Application is currently pending at the regional level,my file was sent on Feb 2003,hence i am looking at a date somewhere in March 2004 when my Labor gets approved.In the Meantime my 6th Year on H1B expires on September 30th 2004.so i should get my EAD card before my H1B expires.

This looks like more risky to wait, since my labor took so long to get approved (almost 2.5 years) i am entitled for a one more year extension of my H1B visa.However here comes the issue.I am currently working for different employer on H1B and my greencard is being done by other company.with this scenario will i be able to get that one year extension of my H1B from the current employer or else do i have to go back to my former employer by transfering back my H1B and then later on applying for that one year extension.i have to go through this stuff all because of my Labor taking up some much time.i need some suggestions on how to handle this situation.

regards.
 
Lawyer has to show that your LC is in process for more then one year. It doesn't matter who is your employer. However lawyer has to get some documentation from SESA/DOL to show that your case is pending more then an year.

You do not have to go to your previous employer.
 
Jharkhandi,
i am also in the same boat..can you explain me how can i get info from SESA/DOL that my case has been filed..becoz i already came out of the company and joined another company??

please let me know
 
You have to ask SESA/DOL for such a declaration. Ask your lawyer to do it for you. It is impossible to get anything from SESA/DOL unless your lawyer and present company is with you.

Also ensure that your last employer is still continuing with your application.
 
Jharkhandi,
it means i can ask the new employer/lawyer to mail to SESA/DOL regarding the info about my previous employer's labor info..

i am right??

how can my lawyer will ask about the info which my previous employer filed the GC for me??

i am not clearly understanding..sorry for troubling you ...
please let me know i dont have enough time...only 2 months...to complete 6 years..
 
Is your previous employer OK with the idea of your working elsewhere? If yes - ask him to get the two lawyers together. It will work out.

Your previous company can also authorize your new lawyer to get details from SESA/DOL.

All that is needed is a declaration from SESA/DOL to the fact that it was applied for verant123 from XYZ company on XX/YY/ZZZZ date and is pending for more then a year.
 
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Jharkhandi

thanks for your valuable reply ...i'll try my best to take info from my previous employer/lawyer..

i already have 7th year extension from my previous employer got stamped from St.louis..its ther for until april 2005..
so suppose if i want to go to another company for GC/H1 ..how its possible..
is it my 1I-129 is enough for 7th year extension or have to go all thru this mess once again...
please let me know
 
See whenever you are join new employer - you will need new H1B.

For GC - you do not need to be employee of that company at present. GC is for future job. So you can go for GC with any employer which you choose. I am not sure, however, how will USCIS/BCIS/INS react to it(getting extension and filing another LC). My feeling is it should not be a problem. Talk to a competent lawyer about this.

For joining a new employer - you will have to undergo all process again. Try going for premium processing. As for stamping - you can defer it till April 2005.
 
thanks Jharkhandi,
for your quick response..
i somehow got one employer who is willing to do my H1 then Gc after i told my delicate and depressed situation...

now i have to get info from previous employer/attorney regarding that letter from SESA DOL so that i can file for extension from this new company...

he told me that he'll start ASAP..i told them to do in premium processing for H1 and start my GC in EB2/RIR...

hope i'll get thru all this burden and come out clearly..
please let me know is there any other things i have to be take careof...
 
7th year extention

Heard back from my current employer's lawyer regarding my H1B extention.I did tell her that my GC is being processed by my former employer and has been going on since 2+ years.she called me back yesterday saying that the current employer can sponsor my H1B extention for one more year even though the GC is being done by my former employer.

She has only requested me to get in touch with my GC lawyer to het her a copy of my LCA that was filed as part of my GC.as it has a filing date on it she can then attch this document while filing my H1B extention.

I will keep you posted...
 
thanks very much vemi007
for your valuable info..but please let me know once you get that info from previous employer regarding the copy of LCA..
you can send to my personal mail...verant123@yahoo.com

now i am having some relief ...i have to find a good lawyer so that he may file GC/H1 for me
 
Hi guys,

I recently got my 8th year extension of H1B approved. I'm a little confused after reading this discussion and wish to ask a few questions.

If the GC is being sponsored by the previous employer, are you sure they have the "intention" of hiring you once GC is complete? This is the criteria for the GC process to continue is my understanding.

My labor was cleared with my previous company. When I joined my current company I had to start the GC process all over again.

Please talk to a good attorney in your case. This 7th year extension can be a tricky situation. As far as I know, you can change your job only after EAD is cleared.

I applied for GC and filing date is Oct 2001, state level has cleared. My 8th year H1B is valid. Does this mean I can switch jobs? Not unless my current company agrees to keep the process going and has the intention of hiring me in the future.
 
GoldFish,

Intent is declared with LC and not withdrawing LC means intent still exists. Where is the confusion - please elaborate.

You can change jobs - if your status is valid - means can be anyways - it may be EAD or maybe H1B. The extension of H1B solely depends on the fact that someone is willing to hire you - that is all. It does not talks about same employer hiring you. See if that be a pre-requisite then it will mean that you are being forced into a job by law, without guarantee of green card.

I hope it will clear your doubts.

As for your last question - you have answered it yourself.
 
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