changing employer in 6th year with LC pending.

L

laborsavy

New Member
Hi
Please help me with your sincere advise.

My 6th year of H1 is expiring in the month of October 2006. My Labor was filed by my current employer back in nov 2004(not thru PERM) and it is not yet approved.

If I change the employer now, and assuming that my new employer will file the new labor using PERM, Is it possible to apply for 7th year extension of H1B?

I am worried since i came to know that 7th year ext. can be filed if the labor is filed before 365days of 6yr exipry date of H1B.
 
Your LC was filed more than 365 days ago(by previous company) and you are eligible to 7th year extension, provided previous employer does not withdraw your LC application.
 
GotPR? said:
Your LC was filed more than 365 days ago(by previous company) and you are eligible to 7th year extension, provided previous employer does not withdraw your LC application.
Click to expand...


Thanks a lot for your reply. I got new question for you!

Now if my new employer applies for 7th year H1 Ext and suppose it is approved also the new employer files a new LC application. Later (before 7th year extension ends)if previous employer withdraws the LC application then after that can my new employer apply for 8th year extension.
 
laborsavy said:
Thanks a lot for your reply. I got new question for you!

Now if my new employer applies for 7th year H1 Ext and suppose it is approved also the new employer files a new LC application. Later (before 7th year extension ends)if previous employer withdraws the LC application then after that can my new employer apply for 8th year extension.
Click to expand...

CIS's memo is very vague about the validity of extended H1 in case of revocation of H1. Some lawyer says it's valid, some says not valid.

If I were you, I do not take such a risk in such a critical time.
Safer option is letting new employer file LC without you joining them(if they agree), and once it reaches 365days, you move to new employer.
 
Last edited by a moderator:
GotPR? said:
If I were you, I do not take such a risk in such a critical time.
Safer option is letting new employer file LC without you joining them(if they agree), and once it reaches 365days, you move to new employer.
Click to expand...

Or even better, let new employer file PERM without joining them. PERM should be quickly approved and file I-140. There is a high cance, in total year's time PERM and I-140 both would be approved. Now person is all safe to join new employer with requesting 3 years h1 extension based on approved I-140.
 
H1 - 6 years by Sept 2006

Hi ,
I have a similar quesion. My H1 will expire in Sept 2006. Employer A has filed for my labor in MArch 2005(pre-PERM), it's still pending. I was supposed to join this employer after a while in 2005, but b'cos of some problems with him I did not join his company. I joined other employer B. He has filed my PERM labor in MArch 2006.
Now the question is I need to file for 7th year extn. based on the application in March 2005, but I do not have any case number or any proof of that.
I am not in good terms with Employer A.

In this scenario , how to file for 7h year extension? Anybody has gone thr such situation?
Thanks,
Genius
 
going back to the question in the first posting of this particular thread.. why can't new employer file Perm application.. and then file for H1B transfer based on old LC application filed 365 days before with old company?? If this works..then filing an 8th year extension would be no trouble as the LC filed with the new company would have a priority date a year before expiration of 7th year visa... does that make sense?? is this possible??
 
You should have already known the rule that the 7th, 8th, 9th…year H-1B can be filed at the time you have an LC (not revoked) being on file for 365 days regardless of who filed and where it was filed. What are you confused about? The end.
 
But that is assuming that the old employer has not revoked the pending LC in the 7th year.. which is unlikely.. lets say the old employer has revoked the LC in the 7th year.. and you are on the 7th year H1 extension with the new employer.. and lets say the new employer has filed for a new LC in the 7th year (after you got the H1 extended).. now how can you get the 8th year extension??? Please clarify this as I am gonna base my decision on how this'll work out... I am not sure I quite understand when you say 7th, 8th and 9th year extensions can be filed at the same time... are you saying that my new employer can file for 7th, 8th and 9th year extensions all at the same time at the end of the 6th year based on pending LC with the old employer?? if that is true.. then that solves my problem..... Please reply. Thanks
 
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