9th year extension - changing jobs and cities

M

moclutch

Registered Users (C)
First - a vote of thanks to all the guru's who answer messages on this board. I have learnt alot just by browsing the old posts.

I am on my 9th year on a H1-B and I get yearly extensions - I awaiting my extension for Jan 2007 to Dec 2007. I am working with company A who filed my green card EB3 traditional labor 3yrs ago (Oct 2003) - so its sitting at a backlog center.

I have read here that, if company B whom I am intrested, can apply for my H1 pending my previous employer did not withdraw the labour app or substitute it for someelse. However, I am quite sure that company A would end up substituting my labor for someone else should I leave my position.

I am currently in an okay situation in company A but have a chance to join a fantastic EB2 position there.

What are my options in order to transfer. Assuming I cannot depend of my labor app from company A ..... what would company B need to do in order for me to be able to transfer? Do they simply need to just file a perm application in order for me to be able to transfer my H1 ... or do they need to have the labor certification in hand (or worse still, an I-140) before I can transfer?

I'd greatly appreciate your views on this matter.

Thanks.
 
Start your PERM LC with Comp B, once LC and I 140 is approved, transfer your H1 to comp B. Even comp A cancell your Labor Cert, you have back up.


moclutch said:
First - a vote of thanks to all the guru's who answer messages on this board. I have learnt alot just by browsing the old posts.

I am on my 9th year on a H1-B and I get yearly extensions - I awaiting my extension for Jan 2007 to Dec 2007. I am working with company A who filed my green card EB3 traditional labor 3yrs ago (Oct 2003) - so its sitting at a backlog center.

I have read here that, if company B whom I am intrested, can apply for my H1 pending my previous employer did not withdraw the labour app or substitute it for someelse. However, I am quite sure that company A would end up substituting my labor for someone else should I leave my position.

I am currently in an okay situation in company A but have a chance to join a fantastic EB2 position there.

What are my options in order to transfer. Assuming I cannot depend of my labor app from company A ..... what would company B need to do in order for me to be able to transfer? Do they simply need to just file a perm application in order for me to be able to transfer my H1 ... or do they need to have the labor certification in hand (or worse still, an I-140) before I can transfer?

I'd greatly appreciate your views on this matter.

Thanks.
Click to expand...
 
great guru said:
Start your PERM LC with Comp B, once LC and I 140 is approved, transfer your H1 to comp B. Even comp A cancell your Labor Cert, you have back up.
Click to expand...
only thing is your perm and I-140 must be approved BEFORE your 9th year extension expires, so that you can get your H-1 extensions in case Company A withdraws your old LC application
 
Thanks for the great feedback. Armed with this knowledge, I'll proceed to add those requests during the negotiation of the new position.
 
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