My green card petition (employement based, extraordinary ability) was denied a few days ago. I'm currently on H1, but my 6 years expire on March 1, 2005. My current employer has filed for a 7th year extension based on pending labor certification (filed in January 2003). However, I want to change to a new employer (expect to get formal offer letter this week). Here are my questions:
1) Can I transfer my current H1 (valid until 03/01/05) to my new employer and request to recapture a number of months that I was not in h1 status? My first h1 was valid since 03/02/99; however I lost my job and left the US on Oct 05/99. ALthough I did come back to the US and spent some months on a tourist visa, I did not enter again on H1 until 07/20/2000 (hence the 9 months outside of H1 status). Is it easy for USCIS to approve this recapture of time? Or I would be taking a huge risk that this is not approved and I need to leave the country after I switched employers?
2) My labor with current employer (filed in Jan 03) has not been approved yet. Can my new employer ask for 7th year extension based on that labor certification? What information would the new employer need to be able to do that? I'm confused because I see some posts suggesting that this is possible; however my current employer's lawyer has always suggested that only the company that files the LC more than one year in advance of H1 expiration can ask for 7th year extension.
3) If I switch employers, do I lose the labor certification that was filed by my current employer in Jan 03 and the corresponding priority date?
4) ANy other suggestions to fix this mess so that I can switch employers?
Any help will be greatly appreciated!!!!!!!!!!!!!!!!!!!!!!
1) Can I transfer my current H1 (valid until 03/01/05) to my new employer and request to recapture a number of months that I was not in h1 status? My first h1 was valid since 03/02/99; however I lost my job and left the US on Oct 05/99. ALthough I did come back to the US and spent some months on a tourist visa, I did not enter again on H1 until 07/20/2000 (hence the 9 months outside of H1 status). Is it easy for USCIS to approve this recapture of time? Or I would be taking a huge risk that this is not approved and I need to leave the country after I switched employers?
2) My labor with current employer (filed in Jan 03) has not been approved yet. Can my new employer ask for 7th year extension based on that labor certification? What information would the new employer need to be able to do that? I'm confused because I see some posts suggesting that this is possible; however my current employer's lawyer has always suggested that only the company that files the LC more than one year in advance of H1 expiration can ask for 7th year extension.
3) If I switch employers, do I lose the labor certification that was filed by my current employer in Jan 03 and the corresponding priority date?
4) ANy other suggestions to fix this mess so that I can switch employers?
Any help will be greatly appreciated!!!!!!!!!!!!!!!!!!!!!!