9th year extension/changing job

S

sonylaw

Registered Users (C)
Hello everybody,
I am on my 9th year on H1-B and I get extentions on a yearly basis. I am working for a company A and they have filed my green card labor 3 years ago. We just applied for an extension and if approved I will have H1 till Jan 15th 2008.
Now my company A is not doing so well and I am thinking of changing jobs.
Can I continue to use this labor to get another extension from the new company?
The thing is that once I cange to the new company B, and they apply for my green card, I will have less than 1 year with the company B when I have to renew my H1.
So it will have to be based on the current (or old) labor with company A.
Is it even possible?
Thanks.
 
sonylaw said:
The thing is that once I cange to the new company B, and they apply for my green card, I will have less than 1 year with the company B when I have to renew my H1.
So it will have to be based on the current (or old) labor with company A.
Is it even possible?
Thanks.
Click to expand...
It is not necessarily based on current job. Unless your LC with A is revoked or substituted to somebody else, you can use it to extend H1 regardless of which company you are working at.
However, you need to start over GC process with new LC from B.
 
However, if the RFE is issued whether your former employer is still interested in hiring you, can you get a letter from them after you have already left your job?
 
Can you please tell me what is RFE? I am on very good terms with my present company and hope that will continue. So I can get pretty much anything as long as it is reasonable and is not illegal.

Thanks.
 
I am in a similar situation. Applied for 8th year H-1 extension which will be valid till Dec 2007, LC pending in PBEC since 2004.
However, in my situation, if I change to a new employer based on extension, I am pretty sure my current employer will withdraw my pending LC.

Is there any way to transfer?
I am thinking if the new company files perm and it gets approved and I-140 with Premium Processing goes through before Dec 2007, then I can get a 3-year extension of H-1, and then previous LC revocation will not hurt me.
But the question is: will my 8-th year H-1 extensions which we have filed for now still be valid if underlying LC is revoked?


Anyone have any idea if what I am saying is correct?
any other way I can get hurt if I do this?

Any responses will be appreciated!
thanks
 
Not clear enough? Upon the request (if the CIS issues the RFE) you need to show the evidence that the Company A is still interested in hiring you if you want to use their LC to transfer your 9th year H-1B to the company B or extend your 9th year H-1B from the Company B. Can you get such a letter from the Company A if the RFE is issued?

To the next post. If you can get your I-140 approved with Premium Processing going through before Dec 2007, then you can get a 3-year extension of H-1 but you must be subject to the visa number retrogression at that time. You may also be requested to show the evidence when you transfer your 8th year H-1B to the new company with the old company’s LC. Prepare for the worst.
 
immiq said:
To the next post. If you can get your I-140 approved with Premium Processing going through before Dec 2007, then you can get a 3-year extension of H-1 but you must be subject to the visa number retrogression at that time.

You may also be requested to show the evidence when you transfer your 8th year H-1B to the new company with the old company’s LC. Prepare for the worst.
Click to expand...

thanks immi for your reply.

regarding retrogression, if I lose my job at my old company it is better to have retrogression than no job! so losing my PD sucks, but no choice.

which evidence are you referring to here? do you mean evidence that my 8th year extension was valid, because I had an old LC underlying it at that time? what would I have to show - the case number of the cancelled LC, and paperwork filed for it?

so, if i can get to I-140 stage before Dec 2007, and file a 3 yr extension, and also show that I did have a valid LC before I transferred to the new company, could revocation of that old LC hurt me in any other way?
 
Last edited by a moderator:
I have already mentioned what the evidence may be requested from the beginning if transferring 9th year H-1B from the Company A to Company B. You use a different company’s LC to transfer or extend your post 6 years H-1B. The CIS may request you to show the evidence (a letter) that the old company is still interested in hiring you. In other words, if the old company is no longer interested in hiring you, how can you use their LC to take advantage of the post 6 years H benefits? I have no more to tell you.
 
You must log in or register to reply here.
Top