can I still be in U.S.A if my EB2 gets rejected?

R

raju755

Registered Users (C)
Hi,

I am in 6th year in U.S.A.

My Company applied EB3 before 6th year.

I am planning to shift to new company..The new company said that they will apply PERM(EB2) in my 6th year.

They also said that if EB2 is rejected , then they will immediately apply for
pre-approved labor..

I thought that I have to leave U.S.A once my EB2 gets rejected
Am i right?

Please help.

Thanks in advance
 
You can stay here until the last day of your H-1B status. EB-3, EB-2 PERM or whatever else you are doing is important if you either want to extend your H-1B or get the GC to stay beyond your H-1B time (obviously).

If you are in the 6th year it should be your first goal to extend that H-1B unless you think you can get PERM EB-2 filed quick enough and are not from China, India, Mexico....


raju755 said:
Hi,

I am in 6th year in U.S.A.

My Company applied EB3 before 6th year.

I am planning to shift to new company..The new company said that they will apply PERM(EB2) in my 6th year.

They also said that if EB2 is rejected , then they will immediately apply for
pre-approved labor..

I thought that I have to leave U.S.A once my EB2 gets rejected
Am i right?

Please help.

Thanks in advance
Click to expand...
 
GC..thanks for ur response.

My H1B is expiring in May'06. Suppose my new company applied the PERM EB2
in Nov'05.

I didn't get my PERM LC approved till my H1B expiry..

I thought I can extend my H1B as my old company filed my LC before my 6th Year.

Am I right?
 
raju755 said:
GC..thanks for ur response.

My H1B is expiring in May'06. Suppose my new company applied the PERM EB2
in Nov'05.

I didn't get my PERM LC approved till my H1B expiry..

I thought I can extend my H1B as my old company filed my LC before my 6th Year.


You can extend your H1 beyond 6th year at any company based on the pending old LC (EB3) even your EB2 get rejected for some reason.Am I right?
Click to expand...
 
Suppose the old company(with EB3) cancelled the my OLD LC..

Can I still use it for my H1B Extensions??

Actually..the consultant that I spoke said we can use it..

I want to make sure..

Please suggest
 
raju755 said:
Suppose the old company(with EB3) cancelled the my OLD

That is your death bell.

LC..

Can I still use it for my H1B Extensions??

Actually..the consultant that I spoke said we can use it..

I want to make sure..

Please suggest
Click to expand...
 
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