My H1 visa with Company A is expiring on July 10th, 2004. Company A didn't apply for my green card. I have recently received an offer from Company B who has a LC of my skills.
---- First ask for the approved LC approved copy and the LC approved will have at top Federal DOL approval then Form ETA750 A certified with stamp from DOL and Form ETA750B that has other candidates education and experience written on it, once you get the LC copy go to good lawyer show the LC copy and your education, EXP and get an evaluation from the lawyer because you need to have the same education, experience ON the date that LC was filed. Many employer promise and they don’t know enough about labor substitution and try to find out the reputation of employer from others. If the lawyer says you are eligible to use that LC and find the employer will file I-140 then join him by H1 transfer. To check the employer if he is honest ask him to file I-140 for you once you get I-140 filing receipt then file H1 transfer and once get H1 transfer receipt join him, if you feel that employer is honest and will file the I-140 with labor substitution then join him. Better first go to other lawyer for consultations for LC substitution and not to new employer company lawyer
Can I get a H1 visa for company B at this time?
----- You can transfer H1 to H1 with B if you have recent pay stubs from the current employer, if you file for transfer no need to inform your current employer, once you get the H1 transfer filing receipt from USCIS then you can join B. Please remember the once you join the new employer with H1 transfer filing receipt he may say that he will file I-140 after they get H1 approval notice (after 5-7 months) one can file I-140 with H1b transfer filing receipt. Ask these questions before you jump
I just have 4 months left in my 6 years limit and I am willing to do the premium processing too.
---- You can do the H1 transfer with premium processing and may get H1 transfer approved in 15-20 days
*** IF the LC matches with your qualifications then the employer can file I-140 and you file I-485, EAD AP immediately and once you are about to hit 6 years then also file 7th year H1 extension before your H1B expires with I-140 filing receipt or with I-485 filing receipt (that you will get if employer files I-140 and I-485)
** you need to file I-140 and I-485 while you have H1 status and valid I-94
* if the employer files I-140 and I-485, EAD, AP (I-485, EAD, AP are YOUR petitions) the day you get filing reciept of I-140 or I-485 file 7th year H1 extension ASAP and dont use EAD becase if I-140 is rejected then EAD, AP, I-485 all are rejected that is the reason you must maintain H1 status till the date I-140 is approved
Good Luck!!
