complex scenario-7th yr job change/diffnt employers/I-140 pending/substituted LC

[dk2003]

Hi,
I would appreciate any feedback/response reg. changing jobs when in 7th yr H1 with
I-140 pending from employer different than the one who sponsered for H1 :

Background
---------------------

Current status = H1 from Co. A ; entered 7th yr H1 this year from current employer Co. A (based on original LC filed in 2003 by Co. A).

Also, another company Co. B filed I-140 based on substituted LC (and I-1485 also; both filed
before 7th yr H1 term began) this year.

Question
----------------
If I switch job in my 7th yr, and get H1 transferred to the new employer, then
how do I get 8th yr extension ?
Assume
a) I-140 /I-485 from Co. B (thru substituted labor) are still pending
b) Co. A that filed original LC in 2003 withdraws application.

Do it matter whether the new employer (where I switch job in my 7th yr) is Co. B (my future employer) ??

Basically,
- can substituted LC or pending I-140 be used for 8th yr or future extensions ?
- if I-140 gets approved, then will I still need 8th yr extension ?
- if I-140 is not approved and pending, then using EAD is the only option to continue my stay
in US , is it correct ?

Please advise.
Thanks in advance for your time. Appreciate it.

 

[great guru]

Hi,
I would appreciate any feedback/response reg. changing jobs when in 7th yr H1 with
I-140 pending from employer different than the one who sponsered for H1 :

Background
---------------------

Current status = H1 from Co. A ; entered 7th yr H1 this year from current employer Co. A (based on original LC filed in 2003 by Co. A).

Also, another company Co. B filed I-140 based on substituted LC (and I-1485 also; both filed
before 7th yr H1 term began) this year.

Question
----------------
If I switch job in my 7th yr, and get H1 transferred to the new employer, then
how do I get 8th yr extension ? Based on A's LC or B's pending I 140Assume
a) I-140 /I-485 from Co. B (thru substituted labor) are still pending
b) Co. A that filed original LC in 2003 withdraws application.

Do it matter whether the new employer (where I switch job in my 7th yr) is Co. B (my future employer) ?? No. Joining B is the best choice.
Basically,
- can substituted LC or pending I-140 be used for 8th yr or future extensions ? Yes
- if I-140 gets approved, then will I still need 8th yr extension ? Yes if no EAD
- if I-140 is not approved and pending, then using EAD is the only option to continue my stay
in US , is it correct ? If no EAD, you can extn 8th/9th yr .

Please advise.
Thanks in advance for your time. Appreciate it.

 

[dk2003]

Thank you, guru for your reply.


Is it possible to apply for (H1B transfer + 8th yr extension) in
one application at the same time ?
That means, when I will switch to co. B, they apply for transferring my
H1 but for the period = (time remaining in 7th yr + one yr for 8th yr).
Is this possible ?

8th yr will be based on LC that was used for substitution from Co. B and pending I-140 that was filed this year. The LC used for substitution is more than 3 yrs old (PD and Approval).

Please advise.

Thank you again.

 

[ginnu]

Thank you, guru for your reply.


Is it possible to apply for (H1B transfer + 8th yr extension) in
one application at the same time ?
--------------- that depends on approved LCA, lawyer can ask for 1 year
That means, when I will switch to co. B, they apply for transferring my
H1 but for the period = (time remaining in 7th yr + one yr for 8th yr).
Is this possible ?
--------------- I think USCIS will approve for 1 year
8th yr will be based on LC that was used for substitution from Co. B
--------------- read the May12 AC21 MEMO,it has answer to lot of H1 related questions. I dont remember the link I read that the ORIGNAL LC benificery is eligible for extension of H1, but if your I-140 is filed or I-485 is pending you can use I-485 pending reciept for H1 extension ( sorry I have not read your first post)
MEMO:
http://www.shusterman.com/pdf/ac21-51205.pdf
and pending I-140 that was filed this year. The LC used for substitution is more than 3 yrs old (PD and Approval).
------------------------ if the he LC that is used for your I-140 was also used for other person I-140 in past then that person can use ac21 if his I-140 is pending or he filed I-485 and if his I-485 gets approved then you or employer cant use the same LC again. FYI DOL has hinted to USCIS that they may not allow LC substitution becase LC are being sold by employers. many NJ based Desi company sold LC .
Thank you again.