A Very Good Company offer but problem with H1 - Closing 6 years, Please Respond

[sweetysinhania]

Hi folks,

I got an offer from a very reputed company in CA.

my H-1 years are closing in June next year.


-----My Concern. ----

If i need to go to new company can they file and extend my H-1 based on the labor filed from pervious company.


The new company told me that their immigration person said that i am left with few months time to extend my H1 ., but they urged me to contact my Lawyer.At present i dont have any Lawyer.

My Labor was filed with the present company in June 2003 , so can this new company file and extend my H-1 based on the labor filed from my current company.

Folks Please advise.
Thanks
Sweety

 

[PCChandra]

One Solution

Hi folks,

I got an offer from a very reputed company in CA.

my H-1 years are closing in June next year.


-----My Concern. ----

If i need to go to new company can they file and extend my H-1 based on the labor filed from pervious company.


The new company told me that their immigration person said that i am left with few months time to extend my H1 ., but they urged me to contact my Lawyer.At present i dont have any Lawyer.

My Labor was filed with the present company in June 2003 , so can this new company file and extend my H-1 based on the labor filed from my current company.

Folks Please advise.
Thanks
Sweety

This is just my suggestion.


you can ask your new company to file your GC in PERM now (GC is for future employment). Dont join your new company now.

Work with your old company till January 2006.

At that time ask your new company to file for H1 Transfer preferably in Premium processing.

So when your New Company files for H1 Transfer in (Jan 2006) you should get H1 visa till June2007 with the new company. Then join your new company.

and then onwards you can extend your H1 with the new company till you get your GC.

This is just my suggestion.

There may be better solutions. Please contact your lawyer for more details.

 

[sree1965]

Hi folks,

I got an offer from a very reputed company in CA.

my H-1 years are closing in June next year.


-----My Concern. ----

If i need to go to new company can they file and extend my H-1 based on the labor filed from pervious company.


The new company told me that their immigration person said that i am left with few months time to extend my H1 ., but they urged me to contact my Lawyer.At present i dont have any Lawyer.

My Labor was filed with the present company in June 2003 , so can this new company file and extend my H-1 based on the labor filed from my current company.

Folks Please advise.
Thanks
Sweety

If you have a copy(Proof) of the LC filed in June 2003, you can file H1b(7th year Ext.) with the new company. You need to file the new LC in PERM immediately. If the new LC + 140 approves within the 365 days, you can file the 8th + 9th +10th year extension[another 3 years].

 

[EricS]

Hi folks,

I got an offer from a very reputed company in CA.

my H-1 years are closing in June next year.


-----My Concern. ----

If i need to go to new company can they file and extend my H-1 based on the labor filed from pervious company.


The new company told me that their immigration person said that i am left with few months time to extend my H1 ., but they urged me to contact my Lawyer.At present i dont have any Lawyer.

My Labor was filed with the present company in June 2003 , so can this new company file and extend my H-1 based on the labor filed from my current company.

Folks Please advise.
Thanks
Sweety

Yes, they can, you need to be aware of the following:
> You will need a proof that your LC was filed in 2003. This proof can be a receipt or letter from DOL.
> If your LC filing employer withdraws or cancels the pending LC, then you may not be able to get the H1 7th year extension.

One suggestion:
ask your new employer if they have a pending or approved LC, that will be >365 days old by the time you reach your H1 6 years. So in case where your present employer withdraw the pending LC, your new employer can use the pending or approved LC as a substitute LC for you and you can still get the extension.

Just a side note, you say you got an offer from a very reputed company, is it a consulting company or the actual employer? You need to weigh your options here. If your only concern is to get H1 ext., you already know what to do. If you plan to get a GC someday, please note that by changing the employer, you are leaving your PD of 2003. The new employer will file a new LC for you, but the PD will be something in 2005 or 2006. 3 years mean a lot when retrogression happens. So just think if this move is worth. Please do not mind what I say, just trying to show you the other side of the move.

 

[sweetysinhania]

Thanks PCChandra,Sree1965,EricS

Thanks to everyone for replying to my post.
The company is not a Consulting company, so I dont think that they have approved labor.Although I would ask them but I highly doubt they would process my GC thru Perm and on the other hand in mean time letting me work for the current employer.


I know the dark side behind changing my PD.
I have noted that point.

I hope this GC thing happens soon.

Thanks once again for replying to my Post.

Sweety

 

[idasgupt]

Similar situation

Hi all,

I saw this thread and thought would post in it.

My current company filed for GC. PD is February 2005. My LC has not been approved. It is stuck at dallas BEC. My Hi expires (6years) in May 2007.

I got an offer from another company. They are willing to do PERM. Can I change and still get an H1B extension ?

Any advice will be much appreciated.

Thanks.

 

[anjali_gc]

In 6th year on H1 visa, did not file for Labor yet

I'm in my 6th year on H1-B and have not filed for Labor yet. I have 10 more months on H1 and was told that even if I file for Labor now, I might not be able to get H1 extension, because of the back log of labor approval.

I understand that I'm in a bad situation. I want to find out if I have any options or just leave the country after 10months. Please help.

I'm willing to switch to F1 and go back to school to complete my masters, if that is an option.

Thanks

Hi all,

I saw this thread and thought would post in it.

My current company filed for GC. PD is February 2005. My LC has not been approved. It is stuck at dallas BEC. My Hi expires (6years) in May 2007.

I got an offer from another company. They are willing to do PERM. Can I change and still get an H1B extension ?

Any advice will be much appreciated.

Thanks.

 

[EricS]

Hi all,

I saw this thread and thought would post in it.

My current company filed for GC. PD is February 2005. My LC has not been approved. It is stuck at dallas BEC. My Hi expires (6years) in May 2007.

I got an offer from another company. They are willing to do PERM. Can I change and still get an H1B extension ?

Any advice will be much appreciated.

Thanks.

IMO, yes, you can get a 7th yr ext based on the LC filed in Feb 2005. Make sure the employer does not withdraw it.

 

[EricS]

I'm in my 6th year on H1-B and have not filed for Labor yet. I have 10 more months on H1 and was told that even if I file for Labor now, I might not be able to get H1 extension, because of the back log of labor approval.

I understand that I'm in a bad situation. I want to find out if I have any options or just leave the country after 10months. Please help.

I'm willing to switch to F1 and go back to school to complete my masters, if that is an option.

Thanks

First option is if you can find a pre-approved LC that will be > 365 days old by the time your 6th yr is over, you can get 7th yr H1 ext. If you can't find that, then if you can find a LC that is pending at BEC and is > 365 days old you can get ext. This can be done even if that pending LC is not in your name.

 

[idasgupt]

Hi Eric:

Thank you for your advice. One question. When you say 'make sure the employer does not withdraw it' do you mean my current one or the one I want to join ? If my current employer does withdraw it when I quit, what are my options then ?

Please advise.

Your advice much appreciated.

Indro

IMO, yes, you can get a 7th yr ext based on the LC filed in Feb 2005. Make sure the employer does not withdraw it.

 

[EricS]

Hi Eric:

Thank you for your advice. One question. When you say 'make sure the employer does not withdraw it' do you mean my current one or the one I want to join ? If my current employer does withdraw it when I quit, what are my options then ?

Please advise.

Your advice much appreciated.

Indro

The current employer that has the LC pending should not withdraw it. Most likely he will not withdraw as he will be looking to substitute someone on it once it gets approved.

My suggestion was based on the assumption that you are talking about getting an extension based on your LC in BEC. As you still have more than a year on your H1, you should not worry about that BEC LC. Once you join the new employer, as you said, they will file a PERM LC for you. By the time you need to get 7th yr ext, your PERM LC will be more than 365 days old. You should be aware that you will not be able to reatai your PD of FEB 2005 if you join other employer.

 

[thinkglobalthinksmart]

I guess, you lost an opportunity!!!

I'm in my 6th year on H1-B and have not filed for Labor yet. I have 10 more months on H1 and was told that even if I file for Labor now, I might not be able to get H1 extension, because of the back log of labor approval.

I understand that I'm in a bad situation. I want to find out if I have any options or just leave the country after 10months. Please help.

I'm willing to switch to F1 and go back to school to complete my masters, if that is an option.

Thanks

Anjali,

My understanding is that you have missed an opportunity of window just by two months to extend your H1B VISA beyond 6 years. I would advise to get consulation from reputed Immigration Lawyer immediately. It will cost 100-250 bucks but will be worth to explore your options without wasting any more time to get answers from people like us who are not professional immigration lawyers but just share the individual experiences.

I do not think that you can start working immediately after completion of your school because a person has to leave the country for 1 complete year and should not step foot back for 1 year before a new H1B Visa can be applied with new clock of 6 years.