I am in my 7th year of extension and my H1-B expired in May 2005. My labor was filed in 2003. Can I change my job now so that my new employer files my labor using PERM and I receive the labor certification before my current extenstion expires in May 2006? My thinking is that if my labor comes before May 2006 then I won't need to extend my H1-B using the labor filed by my current employer.
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changing jobs while on 7th year extension
- Thread starter trt987
- Start date
And then what? I am not sure what you are intending but a certified PERM LC will not help you at all since it wasn;t filed 365+ days before you H-1B is up.trt987 said:My thinking is that if my labor comes before May 2006 then I won't need to extend my H1-B using the labor filed by my current employer.
Can I undertake any of the following steps -
1) Can I use my existing labor application from employer A to file for an H1-B extenstion from employer B.
2) Can I first get my H1-B extension approved till May 2007 from employer A and then file for PERM and H1-B from employer B. This will make the labor application from employer B more than 1 year old when my H1-B extension comes up for review in May 2008.
1) Can I use my existing labor application from employer A to file for an H1-B extenstion from employer B.
2) Can I first get my H1-B extension approved till May 2007 from employer A and then file for PERM and H1-B from employer B. This will make the labor application from employer B more than 1 year old when my H1-B extension comes up for review in May 2008.
Yes but only if they don't withdraw it after you leave for emp B.trt987 said:1) Can I use my existing labor application from employer A to file for an H1-B extenstion from employer B.
Yes. that's the way to go.trt987 said:2) Can I first get my H1-B extension approved till May 2007 from employer A and then file for PERM and H1-B from employer B. This will make the labor application from employer B more than 1 year old when my H1-B extension comes up for review in May 2008.
What's not to be legal? It is a sequence of a few legal events:
1) extend H-1B based on pending LC while with comp A
2) transfer H-1B to comp B
3) Quit comp A and join B
4) Have comp B file PERM (before 7th year has started).
It is all legal - however you might get into a time crunch between extension and new filing.
1) extend H-1B based on pending LC while with comp A
2) transfer H-1B to comp B
3) Quit comp A and join B
4) Have comp B file PERM (before 7th year has started).
It is all legal - however you might get into a time crunch between extension and new filing.
trt987 said:Thank you. Just want to make sure that is it 100% legal and is there anybody else who has done it.
trt987 said:I am in my 7th year of extension and my H1-B expired in May 2005. My labor was filed in 2003. Can I change my job now so that my new employer files my labor using PERM and I receive the labor certification before my current extenstion expires in May 2006? My thinking is that if my labor comes before May 2006 then I won't need to extend my H1-B using the labor filed by my current employer.
If possible, try to get a copy of LC receipt or screenshot. With that, the new lawyer in the new company could extense your visa forever. That is why we was told our company lawyer.
Forever is fine until comp A withdraws - which usually happens pretty fast because they are upset you quite (also seen in personal experience).newbies said:If possible, try to get a copy of LC receipt or screenshot. With that, the new lawyer in the new company could extense your visa forever. That is why we was told our company lawyer.