H1 Transfer + 7th yr Extension

O

OnEdge

New Member
My 6th year expires in Sept 2006, I have a pending LC from Company A. Terms with my employer are not so good. I have got a good offer from Company B to join in Jan 2006.
Company B is willing to do my PERM immediately.

Based on pending labor from Company A ( assuming it will be cancelled after I quit Company A) -

1) Can I do a H1 transfer and 7th year extension together ?
2) How many months ahead can I apply for 7th year extension ?
3) I have a copy of the 45-day response letter ( Selection of Continuation Option Letter) is this sufficient to prove labor is pending or do I require the 45-day letter itself ?

Appreciate any response.
Thanks.
 
1) transfer = new petition, extension = new petition. Actually nothing is different between transfer & extension,, Only company name is different.. yes possible.
2) I guess 6months prior to start date.
3) please read page8 of http://uscis.gov/graphics/lawsregs/handbook/H1B_092305.pdf

BTW, new company needs to run recruit before they file PERM, so it takes some time(60days?) to file PERM. For 7th years, 60days is pretty precious. Be prepared well.
 
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Thanks GotPR. The document that you referenced was very helpful.
It also states that 7th year extension can be applied even from the 4th year of H1 term ( page 8 - Note) .

Thanks again.
 
What NOTE in the doc says is if it is certain your LC is 365 days older before 6th year completion, you may be able to ask extra year even in 4th year. However, start date of that petition must be within 6 months, which is general rule of H1 filing.. For instance, you can file extension starting Jan 06, but can not file extension starting Sep 06.
 
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