H1 transfer + 7th year extension: Is it possible ?

G

GCWantedASAP001

Registered Users (C)
Hi,
I have been employed at company A for the past 5 1/2 years. I entered US on 25 March 1999.
Company A has been badly affected by tech downturn and hence GC processing was going nowhere and layoffs have always been around the corner. So I signed up with company B last year to file for my GC for future employment. Company B filed for my labor certification on March 20th 2004. My sixth year started oin March 25th 2004.

Now company A has informed that I will be laid off around March 2005.

My question is can company B file a single petition on 21 March 2005 to transfer my H1 from company A as well as a seventh year extension based on the pending LC which company B filed 5 days before my 6th year started ? Also can I continue to stay in US while the H1-B premium processing is being done ?

Thanks in advance for the responses.
GCWanted.
 
GCWantedASAP001 said:
Hi,
I have been employed at company A for the past 5 1/2 years. I entered US on 25 March 1999.
Company A has been badly affected by tech downturn and hence GC processing was going nowhere and layoffs have always been around the corner. So I signed up with company B last year to file for my GC for future employment. Company B filed for my labor certification on March 20th 2004. My sixth year started oin March 25th 2004.

Now company A has informed that I will be laid off around March 2005.

My question is can company B file a single petition on 21 March 2005 to transfer my H1 from company A as well as a seventh year extension based on the pending LC which company B filed 5 days before my 6th year started ? Also can I continue to stay in US while the H1-B premium processing is being done ?

Thanks in advance for the responses.
GCWanted.
Click to expand...

You are eligible to file after 365 days of LC filing. in your case Mar21'2005
 
Change employer - use previous employer LC date

I am in my 6th year of H1B (upto mar 2006). My LC has been filed by employer A in Sep 2004. So I am eligibible for 7th year extention after Sep 2005.

1. If I change employer now (or after 1 year pending LC), can employer B use receipt of employer A filed LC to file for extension.

2. What if employer A pulls the plug and cancels LC after

a. Transer/Extension of H1 is approved
b. Transer/Extension of H1 is in progress

I am urgently needing an answer to proceed with my decision.

Thanks in advance.
 
This is a very intresting situation.. I might be in this kind of situation soon :(
I'll see if I can get the answer from my attorney..
If you have any thoughts/facts please post.

gc_ki_asha_mei said:
I am in my 6th year of H1B (upto mar 2006). My LC has been filed by employer A in Sep 2004. So I am eligibible for 7th year extention after Sep 2005.

1. If I change employer now (or after 1 year pending LC), can employer B use receipt of employer A filed LC to file for extension.

2. What if employer A pulls the plug and cancels LC after

a. Transer/Extension of H1 is approved
b. Transer/Extension of H1 is in progress

I am urgently needing an answer to proceed with my decision.

Thanks in advance.
Click to expand...
 
Interesting situation

Agan,

Thanks for your reply. I hope other experienced members of these forums give us advice too.

Thanks


aqan said:
This is a very intresting situation.. I might be in this kind of situation soon :(
I'll see if I can get the answer from my attorney..
If you have any thoughts/facts please post.[/QUOTE
Click to expand...
 
7th year extension with 140

Hello Friends,

I have used substitute labour and have filed for 140 and 485. My 6th year H1 is expiring on Sep-11-2005. I need to transfer my job to the company that sponsored me the approved labour. Can I file 7th year extension with the 140 receipt? Appreciate your help very much.

Thanks in advance
Booshan.
 
sheela_booshan said:
Hello Friends,

I have used substitute labour and have filed for 140 and 485. My 6th year H1 is expiring on Sep-11-2005. I need to transfer my job to the company that sponsored me the approved labour. Can I file 7th year extension with the 140 receipt? Appreciate your help very much.

Thanks in advance
Booshan.
Click to expand...

yes , you will get your 3 yrs h1 extn, not one year because your I 140 is approved and I assumed you are EB3 and date is not current
 
when to file h1 7th yr extension

How many months before should one file for 7th yr extn? Is it better to file extn and then transfer or tranfer to a new emp and then file extn?
 
how to calculate 6 yrs

Though my 6yrs end in Jan'2006 but I landed in US inJuly' 2000. Does that mean I am eligible to stay till July' 2006 or it ends Jan 2006. Thanks!
 
3 year extension beyond 6th year.

great guru said:
yes , you will get your 3 yrs h1 extn, not one year because your I 140 is approved and I assumed you are EB3 and date is not current
Click to expand...

great guru,

Where did you find this information?
Can you provide a link?
 
3 year H1B extension beyond 6 years

It is true that you could get a 3 year H1 extension if your labor and I-140 is approved and that you are waiting only for the visa number.

Link:
www.murthy.com
go to bulletin section
Look at June 10th, 2005 issue.

Good luck
 
WeWillWin said:
It is true that you could get a 3 year H1 extension if your labor and I-140 is approved and that you are waiting only for the visa number.

Link:
www.murthy.com
go to bulletin section
Look at June 10th, 2005 issue.

Good luck
Click to expand...

Thanks WeWillWin,

I know all about it now. I can myself answer some questions about it now.
Questions are welcome

neocor
 
Hi

I am working with company A, but my LC & I-140 has been approved through company B. As I belong to vast majority of people waiting (EB3) so can't file for 485. Now I am reaching my 6 years limit. Can my current employer (Company A) file 3-year extension based on the the approved I-140 (through company B)

thanks a lot for the help.

HT
 
H1 B 3 Years and 1 year extension beyond 6 years

hailstormx said:
Hi

I am working with company A, but my LC & I-140 has been approved through company B. As I belong to vast majority of people waiting (EB3) so can't file for 485. Now I am reaching my 6 years limit. Can my current employer (Company A) file 3-year extension based on the the approved I-140 (through company B)

thanks a lot for the help.

HT
Click to expand...

I certainly believe you can. There is one potential difference between the 1 year extension and 3 years extension that you should know.

The 1 Year extension will be filed on the basis of your Labor and the 3 year extension is governed by (on the basis of) the Approved I-140.

Now you may ask what difference does it make. You have not yet filed your 485 and because of the PD you wont be for sometime, so you may not be effected. However once you file 485 and you are on a 3 year extension then if something goes wrong with yout 485 (denial) then your underlying 3 year H1 Extension becomes invalid too and you will immediately go out of stauts.

This is not the case with the 1 year extension that is based on the Labor. Even if your 485 gets rejected because of some reason the underlying Labor is still valid and hence the 1 year extension on H1 is still valid and you can continue to extend over further years in 1 year increment.

I had a long conversation with my lawyer on this, and she explained this in detail to me.

neocor
 
Can someone give suggestion?

My friend effected by C*** too. He has different situation now.
He is working for a Client AA since 2 1/2 yrs.
He filed his labor from company BB in 2004. Got 7 yr extention till May,2006. Joined C***, approved H1 visa transfer till May 2006 and got rejected sub-labor as like everyone.
He moved to back to previous Company BB, still working for Client AA.
But in Aug, 2005 Previous employer cancelled his labor petition.
Now Client AA is changing rules for COnsultants can work for 2 yrs only.
He will layoff soon. But Client AA wants to hire him.

Is it possible to transfer 7 yr H1 to different company with cancelled Pending Labor petition?
If yes, How can he move to 8 th year with Client AA? Even they start PERM, It takes 3 months, will apply in Jan, will get approval in Mar, will apply I-140, very small chance of I-140 approval in 2 to 3 months.

Please suggest him what to do NOW?????
 
ACtually, you should try to recapture the time you spent outside of the US during your H1B period...that way you will be in legal status till company B files your H1B transfer.
 
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