Changing Employer on 7th year extension

G

gopal123

New Member
I'm on 7th year extension which will expire in March 2008.
My LC was applied in December 2005 in PERM and approved Feb 2006.
I-140 was filed in September and got RFE in June. My employer has not yet responded to it.
There is a possibility that I may be laid off by end of this month.

I'm look for all the options i have.

Can I change employer now ?
If yes will i get fresh 1 year extension from the date of H1 transfer based on the fact that my LC is approved in Feb 2006 ?
 
Nooooooo

Hey GotPR.. are you sure gopal can switch... please confirm anything we should say before to this kind of desperate situation.. I been through similar kind of situations but not exactly the same as gopal.... but any ways....

Hey Gopal... I am not sure whether you can. But as far as I digged in to....

You can transfer your H1 and get until Mar 2008 until which your original 7th year extension is valid.

You have to apply for a labour in premium and get it approved.
You have to apply for 140 in premium and get it approved....
and then you have to have a copy of your old 140 approval.. which in your case is in RFE and not yet approved...

so there is the issue... You have to have your 140 approved for sure to get any extensions.. I would suggest you contact a good immigration lawyer and discuss this issue in detail..
 
I think I was not right for extension til Mar 09. I thought he was in 6th year, but actually in 7th year. He will get transfer only til Mar 08.

I'd predict that he may not be able to get 8th year based on approved I-140 because it depends on retro situation.
Under current situation, if he is not retrogressed, he won't be able to get 8th year H1, however, he can file I485 and stay in the US. He may need to stay out of job for a while til he gets EAD.
 
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