Applying for 7th Year Extn: What other options?

[jaygita]

Out of my total of six years (will be completing in july 2004), 1 year was on L1 and 5 on H1b (I'm on h1b at present)

1/ If 7th year applied, and I loose my job, I've read elsewhere on this fantastic website that an option of getting into another company with an approved LC that matches my profile can be considered. Say if this does not materialize, and then I decide to leave USA to go to home country

a. If 7th year extn petition is still pending with UCIS and I decide to leave the country, will my stay for this period of time (beyong 6 year expiry till pending time when I leave) be considered valid ? I mean I will be in status, right ? I do not know what will happen to that petition

b. If I return back, and stay for 1 year, can the H1 counter start again in above scenario, and I could come back ?

2/ Can the employer continue to process GC even if I decide to leave USA ?

Thanks

 

[ginnu]

Out of my total of six years (will be completing in July 2004), 1 year was on L1 and 5 on H1b (I'm on h1b at present)

1/ If 7th year applied, and I loose my job, I've read elsewhere on this fantastic website that an option of getting into another company with an approved LC that matches my profile can be considered.
----- That is correct and you can file I-140 with labor substitution, I-485 EAD AP
Say if this does not materialize, and then I decide to leave USA to go to home country
----- correct but if LC filed by ANY employer more than 365 days and you have the evidence then you can also file 8th year H1 extension
a. If 7th year extn petition is still pending with UCIS and I decide to leave the country, will my stay for this period of time (beyong 6 year expiry till pending time when I leave) be considered valid? I mean I will be in status, right? I do not know what will happen to that petition
-------- If H1 extension is filed and you go out of US it is not abandoned only Change of Status is abandoned
b. If I return back, and stay for 1 year, can the H1 counter start again in above scenario, and I could come back?
------ if you stay 1 year out of US and can document when you departed US then employer can file fresh H1 for you and again 6 year will start( you must keep the copy of I-94 that you surrender when you go out) and Airline boarding pass and you will get stamp on your passport when you enter your country, and supply all the evidence to employer lawyer that you left US on XYZ date from Airport ABC by airline XXX so that lawyer knows you were out of US for 1 year and can provide the documents as proof.

2/ Can the employer continue to process GC even if I decide to leave USA ?
------ YES, I-140 can be filed even if the worker is not in US, employer can file I-140 with CP option, GC is for future job and you need a good lawyer