8th Year in H1B: Want to switch Jobs

T

tonyonline

Registered Users (C)
Hi,

I have been asking this question to many without getting an accurate answer.
Here's what i'm trying to understand.

My current H1B (7th Year) expires Nov 2005. My Company has filed for the 8th year extension. Labor for GC was applied 2 years ago without any progress on that.

Now, i really want to change employer. How do i do that? Will the new employer be able to apply for a new H1B on my behalf and subsequently file for GC?

How does this work? This is the only place i think i'll get some response.

Thank you. Appreciate your time and help.
 
Tony,
I am in similar situation. My 7th yr expires in Feb 2006. I am also filing for 8th year with my present employer. Meanwhile, I am preparing my new employer to file for a new labor under PERM. The moment my 8th yr extension comes I will transfer my H1 with new employer and have them file my new labor which must be done before Feb 2006. This is because to get the 9th year extension the labor must have been filed 365 days before H1 extension.

I have talked a lawyer informally about this but I still need to discuss this with my new companies' lawyer.
 
tonyonline said:
Hi,

I have been asking this question to many without getting an accurate answer.
Here's what i'm trying to understand.

My current H1B (7th Year) expires Nov 2005. My Company has filed for the 8th year extension. Labor for GC was applied 2 years ago without any progress on that.

Now, i really want to change employer. How do i do that?

Yes. You can transfer your H1 to new employer and get your 8th yr extn but all based on your old employer pending LC.

Will the new employer be able to apply for a new H1B on my behalf and subsequently file for GC?

How does this work? This is the only place i think i'll get some response.

Thank you. Appreciate your time and help.
Click to expand...
 
Great Guru,
Does my strategy to change employment in 8th yr seem valid to you (see below)?
Thanks-
marooti said:
Tony,
I am in similar situation. My 7th yr expires in Feb 2006. I am also filing for 8th year with my present employer. Meanwhile, I am preparing my new employer to file for a new labor under PERM. The moment my 8th yr extension comes I will transfer my H1 with new employer and have them file my new labor which must be done before Feb 2006. This is because to get the 9th year extension the labor must have been filed 365 days before H1 extension.

I have talked a lawyer informally about this but I still need to discuss this with my new companies' lawyer.
Click to expand...
 
marooti said:
Tony,
I am in similar situation. My 7th yr expires in Feb 2006. I am also filing for 8th year with my present employer. Meanwhile, I am preparing my new employer to file for a new labor under PERM. The moment my 8th yr extension comes I will transfer my H1 with new employer and have them file my new labor which must be done before Feb 2006. This is because to get the 9th year extension the labor must have been filed 365 days before H1 extension.

I have talked a lawyer informally about this but I still need to discuss this with my new companies' lawyer.
Click to expand...

You can ask your new employer to file PERM right away now not waiting for you joining with them.
 
Great Guru,
The new company attorney says that the labor should have been applied in the 5th year in order to get the extensions for 7th,8th..... yrs. I think this is not true and I want to send a proof. Do you have an official link that says the labor should be pending for more than 365 days before one can file for an extension and it doesn't necessarily have to be filed in the 5th year?
Would really appreciate it.
 
Marooti - may be great guru means file it thru perm, so that you get approval and get ready for 140 filing. Therefore you can get extn. Is that true?gg. So 365 does not matter - right?
 
Similar boat, please help - call to all gurus

ABOUT ME,
I came here in 1996 on F1
CPT in 1997-98 with Company A
OPT in 1998-99 with Company A
H1 since July 1999 with Company A
Priority Date November 28th, 2003
6th year ended July 2005
Got an approved H1 for 7th year with Company A till July 2006
Was out of the country while in H1 for 4+ months total (any ideas on recapture of time?)

NOW
I am with company A since first H1 in 1999.
Co. A filed for my LC November 03.
Company B applied for my H1 Aug 05.
An RFE was issued for proof of pending LC; and
dates and addresses of future service and; and
employer/beneficiary agreements and project contract agreements
We emailed the dallas center and got a screen shot of the LC Case status (RIR)
We got all the other paper work ready too.
We are sending that as the evidence.
What are my chances of being approved for H1 with Co. B?

LATER,
Co. B will apply LC in Perm asap.
(I am hoping EB2, but heard the chances are very less with EB2, pls. advise)

If the LC with Company A is approved then can I get an 8th yr extension
with Company B?

If Perm LC is approved with company B, then can I apply for 8th yr H1 extension with Co. B, while being processed for I-140 ?

What are my options in July 2006 ? I am guessing I'll have cleared LC thru' PERM but then what do I need to do so that I dont have to leave the country and keep the GC process coninuing?

GOD save the backlogged unfortunates!!!
 
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