company change in 7th year

I

itwizard1

Registered Users (C)
My H1B is expiring on 1st week of June 2006. My existing company (A) did file the 7th year extension on the base of regular pending labor in EB3. My company (A) also filed labor in perm last year in july in EB2 categotry, but no decision has been taken yet by INS. I would like to know that -

1. can a new copmany(B) file the perm for me?
2. If yes, when will I able to join that company (B)? At what point new copmany(B) can transfer the H1B and can get the extension for 7th or 8th year extension?

thanks for any information

itwizard1
 
itwizard1 said:
My H1B is expiring on 1st week of June 2006. My existing company (A) did file the 7th year extension on the base of regular pending labor in EB3. My company (A) also filed labor in perm last year in july in EB2 categotry, but no decision has been taken yet by INS. I would like to know that -

1. can a new copmany(B) file the perm for me?
2. If yes, when will I able to join that company (B)? At what point new copmany(B) can transfer the H1B and can get the extension for 7th or 8th year extension?

thanks for any information

itwizard1
Click to expand...

1. Yes, any company B, C, D.... can file your PERM for future job offer.

2. Company B can transfer the remaining period of your 7th year H1B. But it will be tricky to get 8th year extension through company B unless you get your PERM and I-140 approved from compnay B before your 7th year H1B ends and then you can file for 3 yr H1B extension. If possibale, it'll be wise to stay with Company A until you get Perm, I-140 approved through Company B, then you can apply for 3 yr H1B extension through company B and start working for them.
 
I am in same position right now. My visa will expire on june last week 2006. My old company applied for GC in july 2004. last we got a letter saying that we will close the case bec'z company didn't respond for 45 days letter. Lawyer responded for that again. Now i applied for labor th' different company in dec 2005 got approval on march 31st 2006. Last week i applied for I 140. Now i am sick. so i need some rest for sometime. so old company people told me to go for another company unless i go into payroll immd. they willnot file for H1 7th year extension.
So i am applying for H1 through new company today with the experience letter and the pending case number from old company. I am in india for 8 months in all these 6 years. so i have been told that i will get the H1 for all those months. In 8 months if i get I 140 approved i can go for 3 years extension. Now i can work for new company also....so try this...
 
When did you refile the labor , did you withdraw the previous labor or applied for a new one for the same position?
thanks
 
Comment

OK, I am little confused in 7th year company transfer.

If One were to change compnay after getting 7th year extension for 1 year. Then wouldn't he be automaticallu qualified for 1 year extension for each year thereafter AFTER PERM aproval till he obtains 140 approval then start 3 year extensions.

I was always under impression that within one year you have to have labor/PERM aproved after making the switch then don't worry if 140 doesn't gets aproved, just keep on getting 1 year extensions till 140 is aproved then start 3 years.

Thx for any comments / corrections.
 
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