H1 - 6 yrs expiring - Couple of Options - Need clarification

R

rkarthi1

Registered Users (C)
My H1 (6yrs.) expires on Oct. 1 2004.

I need to apply for extension and I was considering the following two options:

1. I have a labor pending from a previous employer for more than 365 days (with all documentation available).

2. My new employer is applying a I140 and I485 with a labor substitution next month (June 2004).

Am I eligible for extension in both cases?

Case 1 - due to LC pending more than 365 days
Case 2 - Applied 140 and 485 with a approved labor substitution.

Which would be a better way to do it?

If I go with Case 1 , Do I need to apply for labor again through this employer?

Let me know. Thanks a lot for your help.
 
rkarthi1 said:
My H1 (6yrs.) expires on Oct. 1 2004.

I need to apply for extension and I was considering the following two options:

1. I have a labor pending from a previous employer for more than 365 days (with all documentation available).

2. My new employer is applying a I140 and I485 with a labor substitution next month (June 2004).

Am I eligible for extension in both cases?

Case 1 - due to LC pending more than 365 days
Case 2 - Applied 140 and 485 with a approved labor substitution.

Which would be a better way to do it?

If I go with Case 1 , Do I need to apply for labor again through this employer?

Let me know. Thanks a lot for your help.
Click to expand...

Apply 140/485 concurrently and also apply for EAD/AP. In Sept apply H1 extension based on previous LC, assuming that LC still remains pending/not withdrawn. If you cannot use that old LC, use EAD to continue employment.
Of course if 140/485/EAD is denied you are in trouble.
 
rkarthi1 said:
My H1 (6yrs.) expires on Oct. 1 2004.

I need to apply for extension and I was considering the following two options:

1. I have a labor pending from a previous employer for more than 365 days (with all documentation available).
-----you can apply 7th year H1 extension
2. My new employer is applying a I140 and I485 with a labor substitution next month (June 2004).
-----File I-140, I-485, EAD AP
Am I eligible for extension in both cases?
---YES
Case 1 - due to LC pending more than 365 days
---YES
Case 2 - Applied 140 and 485 with a approved labor substitution.
-----YES, you can apply 7th year ext once you get I-485 filing or I-140 filing reciepts
Which would be a better way to do it?
------based on past LC if that is not revoked or used by other person or with pending I-485 reciept( your I-140, I-485 is being filed with LC substitution, if any problem with LC or I-140 then it is much better to file 7th year based on earlier LC
If I go with Case 1 , Do I need to apply for labor again through this employer?
----- if they accept the I-140 and approve the I-140 with LC substitution, you dont need new LC
Click to expand...
 
rkarthi1 said:
How do I know if my labor certification from a previous employer is withdrawn?
Click to expand...

If you have the case number from DOL, you can enquire via email. You can also check DOL database to see the status of ALL LC's filed by an employer.
 
clarification on 6th year time and 7th year extension

I have seen different answers posted to these topics: was hoping for some help on these issues;
1. start of 6-year H clock: My first H1 was approved in Dec 1998 (while I was on F1 status in the US) and I got the first H1 visa stamp in Chennai in March 1999, when I re-entered the US. Does the 6-year clock start from dec 1998 or March 1999?
2. I have worked on H1 status from March 1999 through April 2003 (4 years), then switched to H4 which is my present status. I have a job offer now in May 2004. My spouse has had pending LCA for about 1.5 years.
Question: Should I apply for H1 for time left (depending on when 6year clock started ticking dec 1998 or march 1999, I have 6-9 months left on H), along with recapturing three months that I spent in India on H4 last year?
Question: Can i apply for H1 extension based on spouse's pending LCA? Should I file for time left on H1 clock or try an extension?
Any help would be appreciated
 
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