7th yr extension through new employer

ravipenugonda

New Member
Please suggest,

My 6yrs on H1 will be completed in Dec 2004.
Due to some beneficial reasons I'm planning to take up a new employment opportunity with company C.

In past Company A had applied for my labor in Sep 2001 and got APPROVED in Sep 2003. Later, my past employer transferred the labor to another employee and GC process did not proceed any further. No other applications have been filed.

Company B (my current employer) applied for Labor in Oct 2003 and the case is pending in NY

I have copies of both the applications and approval notice from Company A. Is it possible to avail 7th year on my H1?

I'm badly in need for advise before I take up new opportunity from Company C. This is like my dream job. But, I may have to turn it down if H1 extension is not possible. Please advice

Thanks a lot for your help


peddana
 
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Is ur 6 years expired in Dec 2003 or is gonna expire in Dec 2004?

If your LC is pending for 365 days or more, then you can use the LC receipt to file your 7th year extension/transfer( I mean the LC receipt from company B). However I doubt whether you could use company A's LC since you say it has been substituted to somebody else. Better consult a lawyer, if your company B'LC is not one yr old and you need to use company A's LC for H1 extension.

Also, before joining C make sure they will process a GC for you or your current employer B should continue your GC processing. Else you will be in trouble.

--Vortex.

Originally posted by ravipenugonda
Please suggest,

My 6yrs on H1 will be completed in Dec 2004.
Due to some beneficial reasons I'm planning to take up a new employment opportunity with company C.

In past Company A had applied for my labor in Sep 2001 and got APPROVED in Sep 2003. Later, my past employer transferred the labor to another employee and GC process did not proceed any further. No other applications have been filed.

Company B (my current employer) applied for Labor in Oct 2003 and the case is pending in NY

I have copies of both the applications and approval notice from Company A. Is it possible to avail 7th year on my H1?

I'm badly in need for advise before I take up new opportunity from Company C. This is like my dream job. But, I may have to turn it down if H1 extension is not possible. Please advice

Thanks a lot for your help


peddana
 
Thank you for your time vortex

My 6yrs is going to expire in Dec 2004.

My LC with Company B (current employer) is only pending for past 6 months. It is applied on Oct 30, 2003. I heard that 7th yr extension can be applied 6 months before H1 expiry i.e. Dec 19, 2004 showing that 365 days will be over before the H1 expires. Is this true?

If it is true, can I plan to apply for H1 transfer as well as extension at the same time with new employer?

Company C is willing to start processing GC immediately. Should I still be depending on Company B’s LC and for how long.
I guess if Company B continues with LC till its approved then I should be fine.

Thanks for your advice.
 
If your LC is applied on Oct 30, 03 then it will be more than 365 days old. So you can use it for 7th yr extension. Yes, you can apply for both transfer and extension together.

If company C is filing a LC for you, then make sure they file it far before so that it will be pending for 365 days to do your 8th year extension. If this is not possible, then you have to stick to company B's labor.

--Vortex.

Originally posted by ravipenugonda
Thank you for your time vortex

My 6yrs is going to expire in Dec 2004.

My LC with Company B (current employer) is only pending for past 6 months. It is applied on Oct 30, 2003. I heard that 7th yr extension can be applied 6 months before H1 expiry i.e. Dec 19, 2004 showing that 365 days will be over before the H1 expires. Is this true?

If it is true, can I plan to apply for H1 transfer as well as extension at the same time with new employer?

Company C is willing to start processing GC immediately. Should I still be depending on Company B’s LC and for how long.
I guess if Company B continues with LC till its approved then I should be fine.

Thanks for your advice.
 
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