h-1b 6 year expiring how to Change of employers

I

Immigrationenig

Registered Users (C)
hello Gurus,

My case is

-h1 b 6 years expires Jan 15th 2009

-PD is May 2007
-I-140 and I 485 applied in August 2007,got my advanced payroll and EAD
-I-140 got rejected in april stating no supporting documents…in May MTR was filed…which is still pending



how long it might take to get decision on I-140??

My current client wants to hire me full time....how can I switch employer?

Am I Stuck with this employer till I get I-140 approval..what is the way out?
Regards,

Samarth
 
Did u just filed a MTR or MTR / Appeal??
If you have strong paperwork to support your case than you might get I140 approved but if it doesn't you should have filed an appeal.
This way appeal gives you some time since it take 121 months to get appeal done and you can transfer you H1 based on pending decision on you I140.
you can join new employer and start a Perm with them which will get you going if perm and new I140 gets approved.

I hope this information helps.
 
hi Kapsy30,

My lawyer told me we filed for MTR as we have strong evidences that we sent all documents..'do you know how to tell the diff? we filed I 290B..now how can I tell diff from MTR and Appeal..also they never closed or changed any status to my I 140 (even when it was denied..it was always "Pending")

if its MTR how long it might take?
and most imp how can I tell if its MTR or appeal?

Thank you in Advance,
 
MTR usually is faster... takes anywhere from 3 weeks to 6 months...
Mine i got in 6 weeks or so.
Appeal is slower... i think around 12 to 16 months....its generally to drag time so you can look at other options.
both mtr and appeal use form 290B.
I think there is a check box where you mention if it is a appeal or just mtr.
if your lawyer says he filed MTR, then it should be MTR.
Good Luck and post here if you have any updates....
 
is it possible to get a 7th year extension if I-140/485 is not 1 year mature yet?
 
what do u mean by "140/485 is not 1 year mature yet"?
You can get 7th year extension
a)if you have filed labor 365 days before your 6 years completion date
or
b) you have approved 140 petition.
 
oh oh... im thinking of labor then

wat if labor is approved
and 140/485 is pending?
 
same as my previous post.
If labor is applied before 365 days (before h1b 6 year expiry) and pending (or approved) - you can get 1 year extension
If 140 is approved, you can get 3 years extension
 
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