8th Year H1B Extension through New Employer

[pu4gc]

I joined my current employer (A) with pre approved labor and recently my I140 and I485 got denied because of my Employer ability to pay reason .And MTR also Denied. Right now I am in 7th year H1B extension. And my H1B is valid for another 2 months and they can’t extend my H1B for 8th year since it is not my labor.

I applied my labor thru. Some other company (B) 1 year back and it is in back log center. I never work for them. In this situation can I join with this company (B) and can I apply the 8th year extension. If so, do I go for premium process or regular is good?

Suppose I applied my I140 & I1485 thru this company(B) do I get any problem since already my GC denied with my current employer(A) and I never work for this new company(B).

Could you please clarify me?

Thanks a lot.

 

[ginnu]

I joined my current employer (A) with pre approved labor and recently my I140 and I485 got denied because of my Employer ability to pay reason .And MTR also Denied. Right now I am in 7th year H1B extension. And my H1B is valid for another 2 months and they can’t extend my H1B for 8th year since it is not my labor.

I applied my labor thru. Some other company (B) 1 year back and it is in back log center. I never work for them. In this situation can I join with this company (B) and can I apply the 8th year extension. If so, do I go for premium process or regular is good?
------------- YES, , try to get LC filing reciept copy (it may be with lawyer of B or he may have to get it from LC backlog center) as evidence of LC pending more than 365 and file 8th year H1 extension. one can file H1 extension based on any LC pending more than 365 days and any employer can file for extension if you have LC pending evidence.extension must reach USCIS before I-94 gets expired
Suppose I applied my I140 & I1485 thru this company(B) do I get any problem since already my GC denied with my current employer(A) and I never work for this new company(B).
--------------- you can file I-140 and I-485 based on B LC it has nothing to do with past I-485 ( you know the reason why early I-140 got denied)


Thanks a lot.