H1 7th year extension comlication

R

ranGC

Registered Users (C)
Status:

Working in Company A since May 2003. Filed labor certification in Sep 2003. Cleared State and the labor substitution is now pending in back log center.

Filed labor certification from company B as a future employee in March 2005 ( before PERM ). It is also in backlog center

This is filed for pure backup reasons

Came to USA on H1 visa in Oct 2000. 6th year staring in 2 weeks. But went to India for 10 weeks on a vacations
in the last 5 years!

I still wish to continue an employement with company A.



Questions:

If suppose company A terminates my employement in my 6th year

1)How do I get 7th year extension from company C ? Can I get 7th year extension based on labor certification
filed from either company A or company B? whats the full procedure?

2)Can I get 7th year extension in company B ( I allready filed labor certification as mentioned above)?
Do I have to apply for H1 or H1 transfer from now itself?

3)While Iam still employed with company A, and in case, my labor certification gets approved in company B , can I go ahead and file 140 if the priotiry dates are not current (140 and 485 if the dates are current ) with out actually working for B?

All suggestions & advices are appreciated.

Thanks

SBT
 
ranGC said:
Status:

Working in Company A since May 2003. Filed labor certification in Sep 2003. Cleared State and the labor substitution is now pending in back log center.

Filed labor certification from company B as a future employee in March 2005 ( before PERM ). It is also in backlog center

This is filed for pure backup reasons

Came to USA on H1 visa in Oct 2000. 6th year staring in 2 weeks. But went to India for 10 weeks on a vacations
in the last 5 years!

I still wish to continue an employement with company A.



Questions:

If suppose company A terminates my employement in my 6th year

1)How do I get 7th year extension from company C ? Can I get 7th year extension based on labor certification
filed from either company A or company B? whats the full procedure?

If Company A has not withdrawn your LC application or substituted for another employee, you can use that for your 7th year with any other employer.

2)Can I get 7th year extension in company B ( I allready filed labor certification as mentioned above)?
Do I have to apply for H1 or H1 transfer from now itself?

Yes fom Company B if the LC there is more than one year old. Otherwise Company A. Better to apply for a concurrent H1 through Company B in Jan 2006 along with 7th year extension.

3)While Iam still employed with company A, and in case, my labor certification gets approved in company B , can I go ahead and file 140 if the priotiry dates are not current (140 and 485 if the dates are current ) with out actually working for B?

Technically you can file I-140 with B since GC is for future employment. But if you can file 485 then you should be working for Company B. Other wise if dates are current you could do consular processing.
All suggestions & advices are appreciated.

Thanks

SBT
Click to expand...

I am not a lawyer and this is not legal advice.
 
Similar situation

Came to USE in Apr 2000
Currently Working for Company A since 2001
Applied for Labor in Dec 2002 and recently got approved labor.
I -140 applied/pending, will complete 6 year in Apr 2006

Question If I want to join Company B, Can Company B file for my 7th year extension ?


Question ? What happened to GC process and priority date, Can I use my Company A's labor and priority date?

If not Do I have to start my GC process all over again ? losing my PD ?

During 7th year suppose Company B file for PERM and may be I -140 applied or pending , Do I get 8th year extension ?
 
you can get 7th year extension from company B. as long as you can show the proof that company A applied labor certifion

if your 140 is approved, PD is for you to keep. Pls make sure you have the copy of 140.

Once you get 7th year extension, you can get 8th year, 9th year etc etc

Iam in similar condtion. Pls give me your contact info, I will contact you
 
Lc

My sixth year is also ending in few months. Company A which applied my labor in 2003 is not responding and have told me that they will not tell me anything as I am no longer their employee. I am planning to apply LC again thru PERM in next couple of months. Is there any other way I can find out if my labor application thru Company A is still valid?
 
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