Cleared Labor transfer

[ssmanian98]

Hi

I am in the middle of 6th year completion in H1. My 6thyear completion is 4/15/2004.
Company A has mentioned that they will process my GC with the replacement of cleared labor.


The following are some of my questions

1. What is the cost effective best way to proceed with establishing the legal status beyond 4/15/04
2. Can I140 and 485 be filed together?
3. Is it mandated that I should be in the pay role or Company A. Company A representatice is insisting that I should be. If so from when I should be on their payroll
4. Can 7th year extension be applied immediately by Company A
5. Can I travel to India, if needed, during my 7th year extension.
6. Can Company A apply for 7th year extension with my current H1 with Company B
7. Do we need to transfer H1 or apply for fresh H1. (Please let me know the cost variation also)
8. At what point my wife can start working. She is in H4 now.
9. During the 7th year extension, can my family go to India and come
10. During the 7th year extn, can me or my family visit other countries such as Canada
11. When can I opt for a permanent position outside of Company A
12. What is the normal processing times for I140 and 485.

 

[gp111]

1. What is the cost effective best way to proceed with establishing the legal status beyond 4/15/04

Apply for H1B Extension if your labor has been applied atleast before 1 year. OR Apply for I-140/I-485/AP & EAD without wasting a single day. You will get your EAD in about 3 months.


2. Can I140 and 485 be filed together?

YES

3. Is it mandated that I should be in the pay role or Company A. Company A representatice is insisting that I should be. If so from when I should be on their payroll

Not required during process if you are working somewhere else with exact profile mentioned in LC. You can join A anytime to be safe but MUST join A once you get your GC unless you are using AC-21

4. Can 7th year extension be applied immediately by Company A
If your current company has applied for a labor for you before 1 year at least.

5. Can I travel to India, if needed, during my 7th year extension.
YES YOU CAN. NO PROBLEM. IF yOU do not apply for extn & use EAD to work then you must have AP to travel

6. Can Company A apply for 7th year extension with my current H1 with Company B

No. They have to transfer the H1 on their name & then apply for extn.

7. Do we need to transfer H1 or apply for fresh H1. (Please let me know the cost variation also)

TRANSFER

8. At what point my wife can start working. She is in H4 now.

Once you & your wife get your EAD (take about 2 to 3 months after filing I-140/485)

9. During the 7th year extension, can my family go to India and come

YES

10. During the 7th year extn, can me or my family visit other countries such as Canada

NEED VISA OF CANADA

11. When can I opt for a permanent position outside of Company A

After 6 months of I-485 (use AC-21) or After few months of GC

12. What is the normal processing times for I140 and 485.

depends on state you are applying from

 

[lca_001]

>1. What is the cost effective best way to proceed with establishing the legal status beyond 4/15/04
>2. Can I140 and 485 be filed together?
Yes you can file both together, and it is recommended, you should also file for AP and EAD.

>3. Is it mandated that I should be in the pay role or Company A. Company A representatice is insisting that I should be. If so from when I should be on their payroll

It is not mandated that you should work for A till you get your GC, but I think it may help your situation.
>4. Can 7th year extension be applied immediately by Company A

You need to work for Company A for them to apply 7th year extension.

5. Can I travel to India, if needed, during my 7th year extension.
Once you get your extension you are free to travel to India, I am not sure you can travel while the application in being processed, check with your lawyer. However if you apply for 140/485 concurrently, also file for AP, that will allow you to travel without any issues.

6. Can Company A apply for 7th year extension with my current H1 with Company B
I dont think so, the benificiary of H1 "owns" the H1, unless you transfer, so I dont think this is possible.

>7. Do we need to transfer H1 or apply for fresh H1. (Please let me know the cost variation also)

If you join "A", you need to transfer H1.

>8. At what point my wife can start working. She is in H4 now.
If you apply for EAD for both of you, your spouse can start working after they get their EAD.

>9. During the 7th year extension, can my family go to India and come
Yes they can, provided you have the approval of 7th year extension (just filing the paperwork will not help), ofcourse you can go for premium processing if there is urgent requirement.

10. During the 7th year extn, can me or my family visit other countries such as Canada
Yes, but they need to get the Visa stamped before they go out. You may get the visa by either mailing the INS/DOJ office (I dont know exactly which one) - check on the state.gov website. Or the other option is to get the visa stamped from your home country.

11. When can I opt for a permanent position outside of Company A
You need to have an intent to join Company A, if you are already thinking of not joining "A", then you are "morally" ineligible for "A" filing your GC. However technically, you need to work for sometime with A after GC. ("sometime" varies according to whom to talk to, however 6months to 1year should be a safe buffer)

> 12. What is the normal processing times for I140 and 485.

Depends on your service center. CSC is taking about 2 years for 485 (they are still stuck on 12/01 applications), since you file concurrently, 140 time should not matter much (about 6-8months max in CSC), as 485 will shadow any wait peroid.