can h1 (7th year completes by may 2005) be transferred after layoff?

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bsr12345

Registered Users (C)
can h1 (7th year completes by may 2005) be transferred?

Hi Gurus :)

I have my labour filed on Feb 2004 by company A and my H1(original 6year expiry was in May 2005) got extended until May 2006(7th year) and again extended for one more year until May 2007(8th year) recently. But suddenly, I got laid off last week.

I have 60 days notification period.

Q1. Can I transfer the H1 to another company? is it legal and possible?

In the meanwhile, I can explore PERM option with the new employer and look beyond 2007..is that possible?
 
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Get copies of labor papers to show its been pending 365 days or more. Take this and apply for H1 from new company. You should get it from now till May 07. Once you join, get your PERM filed so you can get extensions beyond May 07
 
You need to have you original company continue your labor process i.e. if they withdraw the application, you will go out of status
 
svnlogin said:
You need to have you original company continue your labor process i.e. if they withdraw the application, you will go out of status
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They said they will withdraw my H1 any day within 30 days after the 60days notification period.
 
You should be ok if they withdraw only your H1. However, in order for you to be able to work with any other company, you need to convince your original company to NOT withdraw the labor application for your green card.

Hang in there!
 
thanks. I am seeing this line in the letter I have:
"if your adjustment of Status (AOS) has been on file with INS for 180 days or more as of your termination date, we will not withdraw your I-140 application".

I don't see anything related to Labour application here. Am I right?
 
You had indicated Company A had filed your Labor. I presume you are still awaiting Labor clearance and haven't reached I-140 stage. The official letter only indicates that the company will not withdraw your I-140 application IF your AOS (I-485) is pending for 180 days or more. However, it doesn't mention how they would treat your application, if you are still pending labor.

If you think they will not interfere with your labor petition (either because of their ignorance of the process or otherwise), I would keep mum. In case you think there is a risk of them withdrawing the labor application, you should convince the company not to do so since it doesn't cost them anything to keep it pending.
 
svnlogin said:
You had indicated Company A had filed your Labor. I presume you are still awaiting Labor clearance and haven't reached I-140 stage. The official letter only indicates that the company will not withdraw your I-140 application IF your AOS (I-485) is pending for 180 days or more. However, it doesn't mention how they would treat your application, if you are still pending labor.

If you think they will not interfere with your labor petition (either because of their ignorance of the process or otherwise), I would keep mum. In case you think there is a risk of them withdrawing the labor application, you should convince the company not to do so since it doesn't cost them anything to keep it pending.
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if I get a job in the same company but in different country will the GC process continue?(i.e currently EB3-Non-RIR p.date is 4/6/2004 Dallas BEC. (california case))
 
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