Change Job and H1B 7th Year extension

H

houston_TX

Registered Users (C)
Hi all,
This is my first post on this forum. I am considering switching jobs and have a question regarding H1-B 7th year extension.
My H1-B will expire in June 2007. I have currently filed for LC through the Dallas BEC (PD May 2003), and the last update I got was that they had received my case from the TWC on 08/1/2005. I have not yet recieved my 45 day letter.

My question is this:
If I change employers now (another company is willing to file for my GC under the PERM process), will I qualify for the 7th year extension? I am a little apprehensive due to the requirement that labor must be pending for 365 days before an extension can be granted. Basically I need to have the PERM filed latest by Jun 1 2006, and am not sure how long it takes to get the paperwork done for a new application, assuming I start in middle of Feb.
Any suggestions/comments will be most helpful and appreciated.
Thanks!
Houston TX
 
If you have a smart attorney, he can get you a 7th year extension based on the pending labor from your proevious employer. But if your previous employer susbtitues that labor application to another employee, after you leave the company then you will not be able to extend your H1.
 
'creative10' didn't give any reason why you can't apply for 7th year extension.

My opinion: as long you have the PERM application filed before June 2006, you should be able to extend your H-1. Ask the attorneys how long it takes to file PERM (there are some additional requirements like advertising etc which might take longer).
 
Thanks for the info guys. I guess next step is to talk to the attorney from the company I want to switch to.
 
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