Full time job between 5th-6th Year of H1

L

loki_l77

Registered Users (C)
Hi

Current Status :-
My 6th year of H1b is expiring in Dec'2006.
I had filed for my Labor in 2002 2nd half, the labor has not come in as yet.

I got an offer from another company to join them as a Full Time employee and transfer my H1 to them.
They are ready to file for my GC keeping in mind the short time left.

1. Since the law is that for 7th year extension a Labor has to be applied 365 days before from the expiry.
Is it OK to change now if i join the new company on Nov'15th.
My understanding is filing for GC requires a Advertisement to be placed and wait for a couple of months to apply for a labor OR it can run simultaneously.

2. Also does it mean that at any point of time if i get layed off anytime after I get hired, specially after 6th year of H1, i will not be in a position to change my employer and then the only option for me would be to go back.

3. I was speculating between Consulting(which i am in right now) VS. Full time job on a H1.

thanks..Loki.
 
similar situation with minor difference

Hi Loki
I am sailing in the same boat as you. The only difference is that I got my labor approved in June end this year. I have already accepted the offer and I am taking the risk as my new employer has told that they will file my GC immediately. Now how soon that "immediately" comes totally depends on the Attorney. But I am sure that once you start with them, you are in a better position to put pressure as it is very critical for you to have the GC filed. Once in, you can also put some pressure through your managers but at any day, full-time with great offer is much better than a crappy consulting job with a mediocre salary, in my opinion.

good luck,
HT.
 
loki_l77 said:
Hi

Current Status :-
My 6th year of H1b is expiring in Dec'2006.
I had filed for my Labor in 2002 2nd half, the labor has not come in as yet.

I got an offer from another company to join them as a Full Time employee and transfer my H1 to them.
They are ready to file for my GC keeping in mind the short time left.

1. Since the law is that for 7th year extension a Labor has to be applied 365 days before from the expiry.
Is it OK to change now if i join the new company on Nov'15th.
My understanding is filing for GC requires a Advertisement to be placed and wait for a couple of months to apply for a labor OR it can run simultaneously.

2. Also does it mean that at any point of time if i get layed off anytime after I get hired, specially after 6th year of H1, i will not be in a position to change my employer and then the only option for me would be to go back.

3. I was speculating between Consulting(which i am in right now) VS. Full time job on a H1.

thanks..Loki.
Click to expand...

It takes minimum of 60 days to apply for your PERM. But you must count as 3 months since DOL may delay for your job post with them (That is why I see) and it takes time for your lawyer to prepare all ad. , paper work...
So, I can say you are too late unless you leave the country now for 2 months and capture them.
 
You must log in or register to reply here.
Top