Extension from new employer

A

AmitD

Registered Users (C)
My 6 years on H1 end in November 2007.
I need to change my current employer. I have an approved LC and I-140 from my current employer. When should I change the employer and what will be the condition required if I need my H1 visa extension in the 7th year ?

I read that I need at least a pending LC application for more than 365 days for extension. Does that mean I have to change the employer and have him file for my LC and apply for the extension before November 2006 ??

Thanks -
 
It means you need an LC on file at least 365 days already before the end of your 6 years H-1B and that LC can be used to file your 7th year H-1B extension before the end of your 6th year H-1B. You can file the H-1B transfer right now but it will be granted to November 2007 because your 6 years H-1B has more than one year remaining.
 
AmitD said:
My 6 years on H1 end in November 2007.
I need to change my current employer. I have an approved LC and I-140 from my current employer. When should I change the employer and what will be the condition required if I need my H1 visa extension in the 7th year ?

I read that I need at least a pending LC application for more than 365 days for extension. Does that mean I have to change the employer and have him file for my LC and apply for the extension before November 2006 ??

Thanks -
Click to expand...

I have a question on the same line as did Amit,
Sir,
I have an approved LC from last year and an approved I140. My 6 year on an H1 with the same employer ends in Sep 2007. I have new employer wanting to hire me but came back to me with that " go back to home country for a year after 6 years on H1b rule" and asked me if I knew anything different that they could use to get me a new H1. What can i tell them?

How can I start working for them and have them feel secure, without having to leave for India?
 
Why do you need to go home but rather filing the H-1B transfer and then request the 7th year H-1B? Have you filed Form I-485?
 
I cannot file the I-485 as I am under that retrogression cat. LC was filed in Oct 2003 and it got approved in July 2005, I-140 got approved in Aug 2006 but 485 has not been filed yet.

Thanks
 
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