Fifth year/ Job change

[Mir_baig]

Hi Members,
I work for company ‘A’ and my fifth year of H1B visa ends on 01/19/06.. I have filed my labor on 01/09/05. The questions is:
I have been offered a position with company ‘B’ – what needs to happen to make the switch and is it advisable?
From what I know, H1 can be transferred. What I don’t know is - will my labor filing done with company ‘A’ on 01/09/05 be transferred?
This is very important for me cos, I am not sure if company ‘B’ will be able to file for my labor before my 6th year starts..
Appreciate any/all inputs..
Thanks in advance,

 

[great guru]

Hi Members,
I work for company ‘A’ and my fifth year of H1B visa ends on 01/19/06.. I have filed my labor on 01/09/05. The questions is:
I have been offered a position with company ‘B’ – what needs to happen to make the switch and is it advisable?

If companay B is not going to file your LC immediately and comp A is cancelling your LC you have to go back to your home country at the end of 6 th Year. If it is OK to you, then swith the company for a year betterment.
From what I know, H1 can be transferred. What I don’t know is - will my labor filing done with company ‘A’ on 01/09/05 be transferred?

NO

This is very important for me cos, I am not sure if company ‘B’ will be able to file for my labor before my 6th year starts..
Appreciate any/all inputs..
Thanks in advance,

 

[jetector]

Right, if you change companies, you lose the labor cert. It belongs to the company, not to you. However, if company A does not withdraw yoru labor cert filed in 01/09/05, you may use it to extend your H-1B beyond the 6th year with company B (assuming that it will still be pending). The other way around is for company B to file a new LC under PERM, get it approved in less than 6 months and file and get the I-140 approval quickly. (only taking about 3 months at TSC) That way you can file another 3 year extension beyond the 6th year.

IN any case, I think you should get that straight with company B before taking the job.