itarchitect
Registered Users (C)
My situation is as following :From Company A I was in USA working in H1B during 2000-2001 for 10 months.Gone back to home country to work for
same company for 4 months. Came back to USA for Company A in the same H1B working for 1 year 2 months.Changed H1B to L1B for same Company (A) - until august 2005 it is 2 year 7 month.
So total stay in US with H1+L1B = 4 years 7 months. So I have max 1 year 5 months for completion of 6 years if I go for H1B.
Company A has applied for my Labor Certification under EB3 category which is pending in BPC . The date of priority date is 7/01/2003.
Now Company B (which is a much much biger company-fortune 100) is offerring me job.
Question
1. My present company A is applying for my L1A as my 5 years stay with L1B will be soon expired and my job role is also changing to a team lead position.
Now if company B also apply for H1B at the same time whether that will be a problem or not? Can I withdraw the L1A and apply for H1B or can both be processed simultaneously.
2. If I apply for H1B from Company B whether I will be counted against the 65000 cap that had already been reached. As I had already once been counted towrads the 65000 cap , as per some message board I can apply for H1B for the remaining period ( I have max 1 year 5 months for 6 years of H1B) and will not be counted against the cap.
3. Can Company B apply for my H1B 7th year extension based on my LC pending for 2 years ? ( The question is whether to get my 7th year extension can they use my pending LC from company A or whether the only way is they have to file for my GC asap in PERM and then apply for the extension after completion of the 365 days , which will be very close to my 6th year end).
4. Please let me know how long it takes for doing the preperation(how long the advertisement have to be their etc) to apply in PERM?
5. If I apply in EB2 category from Company B via PERM can I keep my priority date of 7/1/2003 from Company A?
If answer of question 4 is no then :
6. If I apply in EB3 category from Company B via PERM can I keep my priority date of 7/1/2003 from Company A?
7. Say I decided to stay with Company A and got my L1A, what are the criteria to apply for my I-140 and I-485 together bypassing the LC processs? Also I want to apply for EAD and can I change my job in a similar position by using the EAD to Company B after 6 months -whether I have to wait for my I-140 approval or not?
Thanks,
same company for 4 months. Came back to USA for Company A in the same H1B working for 1 year 2 months.Changed H1B to L1B for same Company (A) - until august 2005 it is 2 year 7 month.
So total stay in US with H1+L1B = 4 years 7 months. So I have max 1 year 5 months for completion of 6 years if I go for H1B.
Company A has applied for my Labor Certification under EB3 category which is pending in BPC . The date of priority date is 7/01/2003.
Now Company B (which is a much much biger company-fortune 100) is offerring me job.
Question
1. My present company A is applying for my L1A as my 5 years stay with L1B will be soon expired and my job role is also changing to a team lead position.
Now if company B also apply for H1B at the same time whether that will be a problem or not? Can I withdraw the L1A and apply for H1B or can both be processed simultaneously.
2. If I apply for H1B from Company B whether I will be counted against the 65000 cap that had already been reached. As I had already once been counted towrads the 65000 cap , as per some message board I can apply for H1B for the remaining period ( I have max 1 year 5 months for 6 years of H1B) and will not be counted against the cap.
3. Can Company B apply for my H1B 7th year extension based on my LC pending for 2 years ? ( The question is whether to get my 7th year extension can they use my pending LC from company A or whether the only way is they have to file for my GC asap in PERM and then apply for the extension after completion of the 365 days , which will be very close to my 6th year end).
4. Please let me know how long it takes for doing the preperation(how long the advertisement have to be their etc) to apply in PERM?
5. If I apply in EB2 category from Company B via PERM can I keep my priority date of 7/1/2003 from Company A?
If answer of question 4 is no then :
6. If I apply in EB3 category from Company B via PERM can I keep my priority date of 7/1/2003 from Company A?
7. Say I decided to stay with Company A and got my L1A, what are the criteria to apply for my I-140 and I-485 together bypassing the LC processs? Also I want to apply for EAD and can I change my job in a similar position by using the EAD to Company B after 6 months -whether I have to wait for my I-140 approval or not?
Thanks,