H1 extension beyond 6 years with new employer

G

gc4long

Registered Users (C)
<Sorry, if this question has been asked and answered already. If so, please point me to the link>

Here is my situation:
I am in my 6th year of H1B. Got labor and I-140 with PD Oct 2001 but couldn't
apply for I-485 because of this retrogression. I have been working in the same
company since 2000. Now, my company situation is not good. Anything can
happen at any time (buy out, lay offs etc). I would like to change job, but how
could I, I would lose all the time I waited for GC.

If my present company close down before I get my 7th year (or 3 year) extension:
(a) Should I be able to change job at that time?
(b) Can the new employer apply for 7th year (or 3 year) extension using AC21 act ?

Expecting your valuable comments. Thank you.
 
Last edited by a moderator:
gc4long said:
<Sorry, if this question has been asked and answered already. If so, please point me to the link>

Here is my situation:
I am in my 6th year of H1B. Got labor and I-140 with PD Oct 2001 but couldn't
apply for I-485 because of this retrogression. I have been working in the same
company since 2000. Now, my company situation is not good. Anything can
happened at any time (buy out, lay offs etc). I would like to change job, but how
could I, I would lose all the time I waited for GC.

If my present company close down before I get my 7th year (or 3 year) extension:
(a) Should I be able to change job at that time?
(b) Can the new employer apply for 7th year (or 3 year) extension using AC21 act ?

Expecting your valuable comments. Thank you.
Click to expand...

Sorry, but i do not have anything +ve to add to this.
you will not be able benefit from AC21 as you have not filled your I-485.
The best bet here would be to ask the current company to file your 7th year
extension. What is this 3 year extension am I missing something here.
I am in similar situation. I am with the new company racing time to get my
new labour filled, I have less than 5 months. My attorney says, if my labour is
cleared then they will be abe to extend my 7th year. But I always thought I should have labour cleared for atleast 1 year to extend my h1. Others here may give us better anwsers.
 
itsme1 said:
Sorry, but i do not have anything +ve to add to this.
you will not be able benefit from AC21 as you have not filled your I-485.
The best bet here would be to ask the current company to file your 7th year
extension. What is this 3 year extension am I missing something here.
I am in similar situation. I am with the new company racing time to get my
new labour filled, I have less than 5 months. My attorney says, if my labour is
cleared then they will be abe to extend my 7th year. But I always thought I should have labour cleared for atleast 1 year to extend my h1. Others here may give us better anwsers.
Click to expand...

If you have applied labor and waited for more than 365 days, you are eligible for
7th year (1 year incremental) extension. If you got labor and I-140 then you
are eligible for 3-year incremental extension. But what I am not sure is, will this
apply when we change employer is my question.

Based on the answer, I will decide whether to change employer or stick to my present employer.
 
I did that. Got fired exactly when my 6th year started. So, I joined a consulting company that filed 6th and 7th year h1b together and got approved. I used my existing pending labor petition that is in BEC.

If you have an approved 140, you must be able to get h1b extensions in 3 year increments. You can also retain existing priority date. You are better off now and don't have to worry, if you are in IT, market is good and you will get job, apply for GC in PERM and you already have a PD of 2001 so things will go well for u.
 
What if the candidate get 3 years extension with new employer b/c of approved I140 from previous employer, and previous *afterwards* previous employer withdraws/cancels/subsitutes the approved I140? Will the 3 year extension becomes invalid?
 
Hey dude

Your position is OK. Since your labor cert is applied atleast 365 days before your 6th year ending plus the fact that you allready got your LC and 140, you can get 3 yrs increments with any company even before you 7th year extension with your curent condition. The other thing is the PD od OCt 2001 is for you to keep. This means you can go to new compnay , you have to start LC and 140 again but your PD remains the same. Good luck
 
Transfer and Extension

(a) Should I be able to change job at that time? : You will be able to transfer your H1B at that time. Regular requirements apply. (like current paystub). So don't wait too long if something goes wrong in your company.

Also once you get your 1 year extension or 3 year extension (if I140 is approved) with H1B transfer, your H1B is valid even if the GC process is withdrawn by previous employer.

Also if you have approved I140, you can always use your old PD even if you re-file GC with new employer. So make sure you keep a copy of I140 approval.


AC21 portability does not apply here and is not required too.
 
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Hi gc4long

Sorry to mention here. I think we cannot move to a new employer in this situation. Only after applying I 485 and if that was pending more than six months then only we can move to other company by using AC21.

That's why everyone is fighting to get approval to file I 485 even the priority date is unavailable. In that situation we can use AC21.

I am not an attorney. It is better to check with an immgration lawyer for you situation. They may give good suggestions.

Hope everything will be fine for you and wish you best of luck.

gc4long said:
<Sorry, if this question has been asked and answered already. If so, please point me to the link>

Here is my situation:
I am in my 6th year of H1B. Got labor and I-140 with PD Oct 2001 but couldn't
apply for I-485 because of this retrogression. I have been working in the same
company since 2000. Now, my company situation is not good. Anything can
happen at any time (buy out, lay offs etc). I would like to change job, but how
could I, I would lose all the time I waited for GC.

If my present company close down before I get my 7th year (or 3 year) extension:
(a) Should I be able to change job at that time?
(b) Can the new employer apply for 7th year (or 3 year) extension using AC21 act ?

Expecting your valuable comments. Thank you.
Click to expand...
 
You can change employer. I have already done that. If you have a labor pending for 365 days , you can get unlimited h1b extensions in increments of 1 year (make sure you have a copy of the L/C reciept date or the 45 day latter in BEC) .

You can get 3 year extensions in any company if you have an approved i 140. You can also retain priority date. So basically you change companies and reapply GC in PERM but retain the old priority which will helps you to file for 485 using the old priority date. (Make sure you have a copy of 140 approval).

Good luck
 
SAI_GIVE_GC2005 said:
Hi gc4long

Sorry to mention here. I think we cannot move to a new employer in this situation. Only after applying I 485 and if that was pending more than six months then only we can move to other company by using AC21.

That's why everyone is fighting to get approval to file I 485 even the priority date is unavailable. In that situation we can use AC21.

I am not an attorney. It is better to check with an immgration lawyer for you situation. They may give good suggestions.

Hope everything will be fine for you and wish you best of luck.
Click to expand...

Thanks for your input. You gave different input when comapred to others.
Anyway, as I expected, today my company got merged with a big MNC.
I am not sure how this new company is going to treat us (there will be some
lay offs for sure with in couple of months). I think I should check with an
attorney before I jump to another comany.
 
chanduv23 said:
You can change employer. I have already done that. If you have a labor pending for 365 days , you can get unlimited h1b extensions in increments of 1 year (make sure you have a copy of the L/C reciept date or the 45 day latter in BEC) .

You can get 3 year extensions in any company if you have an approved i 140. You can also retain priority date. So basically you change companies and reapply GC in PERM but retain the old priority which will helps you to file for 485 using the old priority date. (Make sure you have a copy of 140 approval).

Good luck
Click to expand...

Thank you, chanduv23, MADANST, UdayKumar and SB-2004. I appreciate your positive input. I got some hope.
 
Hi Chandu,

Is it possible to extend the H1B after joining company b from company a (after 6 years of stay) where labor is filed through company a ?

I know it is possible to transfer the H1B even after 6 years of stay, but I like to know how to extend the H1B. Because the old company withdraw anytime the labor and there is no way there will be 365 days waiting period even if the labor is filed immediately.

Please clarify. I appreciate your help.

Thanks
Arun


chanduv23 said:
You can change employer. I have already done that. If you have a labor pending for 365 days , you can get unlimited h1b extensions in increments of 1 year (make sure you have a copy of the L/C reciept date or the 45 day latter in BEC) .

You can get 3 year extensions in any company if you have an approved i 140. You can also retain priority date. So basically you change companies and reapply GC in PERM but retain the old priority which will helps you to file for 485 using the old priority date. (Make sure you have a copy of 140 approval).

Good luck
Click to expand...
 
Generally companies don't withdraw labor. A labor is always filed and if the beneficiary is layed off, company either substitutes it for another person or just ignores it. As long as you have proof of filing prior to 365 days of 6 years on h1b, you must be able to get extensions in yearly increments in any company.

The best thing would be to get an year's extension and then immediately have the company apply for a new GC under PERM. Lot of consulting companies are now doing that. Once your labor gets cleared you can apply for 140 immediately. Once your 140 is approved, you can get h1b extensions in 3 year increments in any company. If you feel like changing company after that you can retain your PERM priority date as your 140 is cleared and again apply for fresh labor.

Lets hope that we get some relief from retrogression for 485 filing.
 
GC4Long,
In June 2004 my GC sponsering company was acquired by another company, and then in December 2004 that was acquired by another company. Generally in today's world, layoffs are rare at a technical level while mergers. Layoffs will be more on admin, and higherups where there are duplications. generally big fish will dictate to small fish. Your GC is also generally well taken care of during mergers. The only thing you have to be careful is, during mergers, your higher ups may not want to lose jobs, so they will want to show to their new bosses that they are highly capable and in the process they will mess you up. Though these are rare cases, it happened to me. Thats the only thing you may worry about.
Its always best to keep a backup though so that you need not be stressed out.
Good luck again.
 
chanduv23 said:
Generally companies don't withdraw labor. A labor is always filed and if the beneficiary is layed off, company either substitutes it for another person or just ignores it. As long as you have proof of filing prior to 365 days of 6 years on h1b, you must be able to get extensions in yearly increments in any company.

The best thing would be to get an year's extension and then immediately have the company apply for a new GC under PERM. Lot of consulting companies are now doing that. Once your labor gets cleared you can apply for 140 immediately. Once your 140 is approved, you can get h1b extensions in 3 year increments in any company. If you feel like changing company after that you can retain your PERM priority date as your 140 is cleared and again apply for fresh labor.

Lets hope that we get some relief from retrogression for 485 filing.
Click to expand...

Thanks Chandu. I am also in the same situation. I will be laid off anytime because of acquistion, and there is always uncertainty haunting me.

Good to know about these options.

Thanks
Arun
 
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