H-1B six year

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musiclover

Registered Users (C)
This post is on behalf of a friend of mine.

I am not sure if this is the most appropriate forum to post this message, but since it is my home forum, I am taking a chance.

He is working for company A and has had his labor pending since 2004. Labor was filed under RIR as EB3 requirements. The case has been pending with BPC forever now. He is in his sixth year of H-1B that will end in Nov 2006. If he stays with this company, we know that he can extend his H-1B based on pending labor.

However, he would like to switch companies at this time for personal reasons. If he gets an offer from company B and they get his PERM process started immidiately, and assuming that his labor gets approved via PERM before Nov, can he still extend his H-1B even though he would not be eligible for applying for I-485 at that time due to retrogression? Does having applied for I-140 constitute enough reasons for extending H-1B?

That said, does anyone have an idea as to how long a PERM labor typically gets approved in?

Me and my friend would appreciate any insights in the issues.

Thanks.
 
He/your friend Can get the Extension with Another Company as long as the underlying pending labor certification is not withdrawn. for filing extension you need a receipt of labor certification showing the date labor certification filed or equivalent proof from BPC. It worked for me. I got extension for 8th year also, I filed I-485 by getting extension of H1 from previous company. once you get the approval, even the Labor certification is withdrawn it wil not have any impact. hope this helps.
 
To add to Kamma's comment..

If he can get perm and 140 approved before Nov 2006, then he is eligible to apply 3 yrs extn..

Most of the PERM cases taking anywhere between 1-3 months.. and 140 couple of monts..

Once his PERM is approved I think his BPC labor is revoked automatically.. I am not sure this is what i heard..

Good Luck
 
kamma said:
He/your friend Can get the Extension with Another Company as long as the underlying pending labor certification is not withdrawn. for filing extension you need a receipt of labor certification showing the date labor certification filed or equivalent proof from BPC. It worked for me. I got extension for 8th year also, I filed I-485 by getting extension of H1 from previous company. once you get the approval, even the Labor certification is withdrawn it wil not have any impact. hope this helps.
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kamma,

Thank you for sharing the info. I am pretty sure that my friend's current employer will revoke his labor as soon as he resigns. However, if my friend can, by some miracle, figure out a way to convince them not to do so, this would help.

Thanks.
 
Last edited by a moderator:
jkvaisnavi,

Thank you for your comments too. That was the impression I had that once 140 is approved and 485 has been retrogressed, you can extend H-1B. The time frames you mentioned in your message, are they from your experience from this board or somewhere else?

That said, I am not sure if I will recommend my friend to go that route. Sure at this time the processing times are doing well for PERM and 140. No one knows if due to any changed in immigration rules, if it would take longer in future. And if his 140 gets stuck for example, he would be out of status come Nov 2006.

Any more thoughts?

Thanks.
 
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