H1 8th Year - H1b Trasfer

H

H1B_HELP

New Member
Hi,
I am with h1b visa 8th year extension and now planning to change employer. My GC Labor is pending with current employer and got two extensions based on this labor.

New employer is ready to file for labor (process GC) and do h1b transfer. Following are my concerns, please advise.


1. Is it okay to transfer H1B on 8th year extension.
2. New employer is going to use pending labor of current employer for the transfer, any issues with that!.
3. I am getting extensions based on pending labor for more 365 day period, what is going to happen when we apply for second extension with new employer.

Please let me know the best options I have. I do not know the PERM process and its impact.

Thanks in advance.
 
H1B_HELP said:
Hi,
I am with h1b visa 8th year extension and now planning to change employer. My GC Labor is pending with current employer and got two extensions based on this labor.

New employer is ready to file for labor (process GC) and do h1b transfer. Following are my concerns, please advise.


1. Is it okay to transfer H1B on 8th year extension.
----- your new employer can file for H1 transfer

2. New employer is going to use pending labor of current employer for the transfer, any issues with that!.
---- if you mean to say that the eligiblity of 8th year H1 transfer will be LC pending more than 365 days of your present employer, yes the new employer CAN use that eligiblity if you have evidence of pending LC and it is not withdrawn/revoked/rejected.
3. I am getting extensions based on pending labor for more 365 day period, what is going to happen when we apply for second extension with new employer.
------------- if the LC gets approved your PAST employer can file I-140 and I-485 for you(if he agrees) if the past employer uses your approved LC for other person then you may not use that. ( Talk to good lawyer as I am not sure of this situation getting 9th year H1, if approved LC is used for other person, I think you will not be eligible to use that LC) if at the time of next year H1 extension the LC is is still pending then new employer can file H1 extension
Please let me know the best options I have.
I do not know the PERM process and its impact.
*** dont belive in PERM, it has high rejection rate and your PD will be 2005 and EB3 is already Retrogressed and EB2 is expeted to Retrogress in future for India ,China
* if possible stick to your present employer if you want GC early and dont get traped in PERM.new employer will file LC under PERM and it will take minimum 3 months to file the LC. if you read other info provided by lawyers then you will know that under PERM most of the cases are rejected at this time, some are saying it is due to mistakes of DOL software some are saying that every employer is not expert in Perm filing ( employer has to create ID, not lawyer)
Thanks in advance.
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