End of 6th year H1B, change jobs, H1B Extension

[laneee]

Hello, I really need your help. I may be losing my job and would like to figure out my options.

My LC was filed through RIR in February 2005. My 6th year H1B expires March 2007 which means I have only have 8 months from now till my 6th H1B visa is up.

If I were to change jobs to another company, can the new company file PERM in time and still be able to renew my H1B for 1 year or 3 year increments? I don't even know which one I would be eligible for.

Or is it better for me to file for 7th year extension based on the RIR LC (pending more than 365 days) with the current company, get the 7th year extension granted and then only change companies? And if so, how does that affect any future possibility of extending H1B past the 7th year H1B?

I am pretty desperate here...thanks for your help!

 

[INeedAllGreen]

Hope you find helpful based on my case

Dear Laneee,

Here is my case. I lost my job when I was in my 7th year of H1B visa but my GC with old employer was filed 365 days before end of 6th year of H1B visa. In your case you had your LC filed greater than 365 days before end of 6th year H1B expires. So I think you should be fine and can transfer remaining number of months of 6th year H1B visa time to New employer. In my case I did transferred my remaining 7th years period of time to new employer.

Now I was able to do so because my GC was filed 365 days before end of 6th year of H1B visa and again in my case my old employer is still continue processing my GC(as per my request). My new employer’s attorney was able to transfer my remaining 7th year H1B by proving that I had my LC in Backlog reduction center and off-course more than 365 of criteria.

In your case you should show some paperwork or Screen shot of your LC filed with your employer to new employer then you will be able to transfer your remaining 6th year H1B period time. For your 7th extension if you can convince your old employer to continue process your GC till you can have 7th year extension then you will have get enough time to breath and file your PERM and I-140 with new employer to get you 3 year extension after end of 7th or 6th year H1B period.

I can see much similarity between your and my case but only difference is that I am in my 7th year of H1B period and you are on 6th and I have commitment from my old employer for continue GC processing so that I can get my 7th or again 8th year extension with my new employer based on LC filed 365+ days of concepts.

Please do not take above information as a last resort. Get advise from your attorney or person who practice immigration laws in and out. This is just my advice or my experience that I am sharing with you. Do not take above words as legal advise.

Good Luck for your future and God Bless you.

Thanks
IneedAllGreen