H1 7th year extension

[Nainsukh]

Please respond:

I am completing my 6th year of H1 in a couple of months. A company A filed for my GC labor around 2 years back (well before my 5th year on H1 ended). I work for a company B (which holds my H1 now) and want to switch to company C. Can I get my H1-B transferred to company C (7th year H1) based on the pending labor with company A.

Thanks

 

[Jugunu64]

Pending labor from A, Working for B, Switch to C beyond 6 Years

As long as the labor petition filed by the original employer (Comp A) remains pending, you can switch to as many companies as you wish beyond 6 years using the portability provisions of AC21. You will, of course, be granted H1 extensions only in One Year increments.

Please note the following important issues you should be thoroughly aware of..

1) You should be in a position to answer any RFE that you may encounter to prove that your labor petition filed from Company A remains pending.

Ex: Receipt from the DOL where your petition was filed, A screen shot from the BEC where your case has been shipped to, A letter from Company A that expresses it's intent to continue to pursue your petition even though you are not working for them.

2) The Company the filed your original labor petition should still be a financially viable entity to be able to justify pursuing a perment residency application.