Future Employment GC and 6 Years Expiring from 1st Employer.

[LabCheck75]

Hi Guys,

Nice to see all of you working together for your GCs. I wanted to join the group , i filed my case as future employment from florida(in april 2003) through a small company X. The employer said the case got approved from state and has been forwarded to region.
I have recently completed 5 Yrs on my H1. I also have a labor going through the current employer (Company-Y) from New York applied in May 2002.

Can someone answer me these Questions:
1) If company Y lays me off , can i apply for 7 yr extension using my future employment GC company X.
2) if yes, how soon should i apply or when. Do i have to be on H1 from them during the 6th year to get extension for 7th year.
3) Is it possible to join any Company Z using the H1 extension from company X. I mean is the 7 th yr extension allows to work only for that company?


I would appreciate if you can answer these..thanks alot.

Sri

 

[rk4gc]

Can someone answer me these Questions:
1) If company Y lays me off , can i apply for 7 yr extension using my future employment GC company X.

>>>>> If you got a job with another company yes.

2) if yes, how soon should i apply or when. Do i have to be on H1 from them during the 6th year to get extension for 7th year.

>>>>> I think atleast 6 months before your H1 expires. some body correct me if I'm wrong. You have to be on H1 with a company though.

3) Is it possible to join any Company Z using the H1 extension from company X. I mean is the 7 th yr extension allows to work only for that company?

>>>>> No. you first join Z before your H1 expires and extend your H1 using your pending labor with X.


I'm not a lawyer blah blah...

 

[LabCheck75]

Thanks rk4gc..

Hi rc4kc,

Your answers gave some level of comfort to me ( though you are not a lawyer ). Thank you much for taking time to write and please inform me if you ever hear otherwise. Also if you dont mind, how sure you know these for fact or what is the source of this info or you know someone did this. Anyway, thanks again.

My situation is i have Labor going on from NY since 2yrs(no approval yet), already applied for GC 8 Months Back in Florida for Future Employment(Labor is in Raegional) through a small company and "could" get a permanent offer from another company in February 2004 which is Maine/NH Area. Not the Least of all, i have 11 Months remainig on H1 for 6 Yrs compeltion.

One of my concern was what if i join this company in Feb 2004 and say unfortunately Labor is pending there also while i complete 6Yrs.
Do you have suggestion on this.

I have 2 more questions which i will post again as a next reply. Dont want to bother you tooooo... much.

Thx Sri

 

[LabCheck75]

How is the 6Yrs Counted:

1) If i got the first Visa Stamp in India say Jan 1999, But i actually entered USA in Feb 1999, will the 1 month period be still counted?

2) I recntly applied for the 6th Year extension as my H1 was there for 5 Yrs till now. Was it possible for me to ask for just remaining 1 year extension or i could have asked for more based on the fact that my labor is pending for 2 Yrs from NY. Given the reason that the time i would get the H1 extended will be several months from now , is it risky to extend only for the 1 remaining year using regular(not premium) processing.


Thanks So much