Changing employer during 6th year and LC RIR in Dallas Backlog Center

[cach]

Changing employer during 6th year with a LC pending at Dallas Backlog Center

Hello all, I really need your inputs.

My application for Labor certification under RIR was filed by my lawyer end of Feb and received on March 2nd 2005, afterwards was shipped to Dallas BEC and no news since then. My 6th year H-1B ends on October 30 2006 (10 months) and no out of country time to count for it.

Today, I received an offer from another employer, which I can accept or decline within a month or so, and I would really like to take it but not sure what are the odds of getting a GC in the future.

My labor under RIR is currently in the BEC, so,
1) If let's say I change the employer in February 2006, would I be able to file with this new employer for the 7th year extension based on the Labor under RIR pending with my old employer?

Or,

2) Do I need to first file the 7th year extension with my current employer and then only apply for H-1B transfer?

3) In any case, what is the earliest I can apply for the 7th year extension? (consider that my lawyer's filing for LC was received on March 2, 2005).

4) Once the H-1B 7th year extension has been filed, how long does it take to get approved? And in case the 7th year extension was filed with my current employer, then do I have to wait for the 7th year to be approved before I request an H-1B transfer to the new employer or can I apply for it right after filing for the 7th year extension?

5) If let's say in June 2006 I am working for the new employer, and the 7th year extension is due on October 30, 2007, when do I need to file for PERM to be on the safer side with the new employer?


Thank you so much!

 

[GotPR?]

My labor under RIR is currently in the BEC, so,
1) If let's say I change the employer in February 2006, would I be able to file with this new employer for the 7th year extension based on the Labor under RIR pending with my old employer?

yes, as long as it is pending more than 365days upon employment start date on extension petition. However, if old employer withdraws LC, you may not be able to get further extension with H1.

5) If let's say in June 2006 I am working for the new employer, and the 7th year extension is due on October 30, 2007, when do I need to file for PERM to be on the safer side with the new employer?

You should file PERM before Oct 30 2006 to get 8th year extension based on your PERM labor.

 

[ethereal]

yes, as long as it is pending more than 365days upon employment start date on extension petition.

Does this mean that one could get the first H1B extension with the new employer based on the 365 day rule of a valid pending Labor with old employer ?

However, if old employer withdraws LC, you may not be able to get further extension with H1.

Do you mean that the second extension cannot be granted ? Or do you mean even the first extension cannot be granted ?

What if the old employer withdraws the LC immediately after the H1B transfer ? Does that mean that even the first extension cannot be granted because there is no valid LC pending for a year ?

 

[GotPR?]

Does this mean that one could get the first H1B extension with the new employer based on the 365 day rule of a valid pending Labor with old employer ?

Yes

Do you mean that the second extension cannot be granted ? Or do you mean even the first extension cannot be granted ?

This is not actually clearly stated by CIS. I heard some lawyer said granted
H1 period is still valid even though LC was revoked in the middle of 7th year, but no 8th year extension, other lawyer said H1 period is immediately
terminated upon LC revocation.

 

[ethereal]

Do you mean that the second extension cannot be granted ? Or do you mean even the first extension cannot be granted ?

This is not actually clearly stated by CIS. I heard some lawyer said granted
H1 period is still valid even though LC was revoked in the middle of 7th year, but no 8th year extension, other lawyer said H1 period is immediately
terminated upon LC revocation.

What happens if the Old employer revokes the LC in the 6th year itself ? That means that the 7th year extension can NOT be applied ?

How soon before the end of the 6th year can one apply for a 1-year extension ?

Does termination of a granted H1 because the underlying LC was revoked (whether it is in the middle of the year, or ultimately at the end of the year) automatically make one out-of-status ? What is the relevance of the I-94 end date in this case ?

 

[GotPR?]

What happens if the Old employer revokes the LC in the 6th year itself ? That means that the 7th year extension can NOT be applied ?

No you can not apply for 7th year if LC is no longer valid.

How soon before the end of the 6th year can one apply for a 1-year extension ?

H1 petition can be filed 6 months before new start date.

Does termination of a granted H1 because the underlying LC was revoked (whether it is in the middle of the year, or ultimately at the end of the year) automatically make one out-of-status ? What is the relevance of the I-94 end date in this case ?

If H1 is no longer valid, one is out of status regardless of I94 validity.