COMPANY A Pending Labor to be withdrawn , COMP B 8th Yr approved, NOW WHAT????

[Jugunu64]

COMPANY A:
Filed GC labor petition in MAR-2003. H1B 6 Yr limit expired FEB-2005.

COMPANY B:
Transffered H1B to COMP B based on pending labor cert from COMP A.
Got 7th Yr EXT upto FEB-2006 and subsequently 8th Yr extension valid upto FEB-2007.
Filed a new GC labor petition thru COMP B (PERM) in NOV-2005. Still waiting on it.

Issue:
COMP A received the 45 days response letter for pended labor petition from BEC due by end of DEC-2005.
Cannot/Will not respond to it due to poor financial performance and other reasons. Basically the petition is ABONDONED/WITHDRAWN/CLOSED.

QUESTIONS:
1) Can I continue to work for COMP B till FEB-2007 since H1B has already been approved.

Pls note that the H1B was extended based on a pending labor petition. Since the labor petition will now be WITHDRAWN/CLOSED will it automatically invalidate the remaining time on H1B (Upto FEB-2007).

2) When a pending labour peition is WITHDRAWN/ABANDONED/CLOSED/REJECTED by the BEC/DOL/Petitioner (COMP A) will they inform USCIS to invalidate the H1B status of the benificiary.

3) If I can continue to work for COMP B till FEB-2007, and if my labor petition from COMP B (PERM) gets approved and we file a I-140 prior to FEB-2007, will I be able to request continued H1B extensions based on this new criteria i.e based on a approved labor petition & I-140 filing from the new Company (COMP B).

Thanks in advance and appreciate any response to the questions above.

Best Regards
Jugunu

 

[pisces72]

Similar kind of situation

Any replies on this ? I am in a similar kind of situation and want to know if one can get an 8th year extension based on approved Labor from Company B and pending I-140 ?

 

[nato]

once the underlying basis of extension is not available

obviously your H1 is invalidated. Now the question is does the INS come to know, probably not, but that is like working illegally, you can always work illegally even without H1 and INS doensot come to know, but at some point of time during your GC process you are at a risk. Again one can take a risk with this H1 for less than 180 days, but beyond that you may be subject to a bar to enter US. essentially if you enter US with a fresh H1 stamped at consulate then past sins are gone.

So one has to take his own chances

 

[GotPR?]

obviously your H1 is invalidated.

I'm not sure about this. CIS memo clearly says H1 extension is not possible if underlying LC/I140 is not valid upon start date on petition, however, it does not mention that revoked LC/I140 invalidates validity of H1 which does not reach expiration. And the dicsussion done sometime back on this forum was divided too.
If you have document, preferrably from CIS, which describes validity of H1 in case of LC/I140 revocation, please post it.

 

[nato]

the yates memo kind of says that, again burden is on you, one can take chances...

show a document which says it remains valid, so interpretaion overrides from the last yates memo specifying if the underlying petion gone the benfits associated with that gone too

I'm not sure about this. CIS memo clearly says H1 extension is not possible if underlying LC/I140 is not valid upon start date on petition, however, it does not mention that revoked LC/I140 invalidates validity of H1 which does not reach expiration. And the dicsussion done sometime back on this forum was divided too.
If you have document, preferrably from CIS, which describes validity of H1 in case of LC/I140 revocation, please post it.