H1 Transfer after 7th Year extension

C

cnu01

New Member
Hi ,


I am working on H1 with a Company A. My 6 years on H1 expired in Oct 05. Company A applied for my LC in Sep 04. As it has been more than 365 days since LC is applied and since its under processing I am eligible for 7th year extension. Company A applied for my 7th year extension and i got the H1 extended till Oct 06.

I recently got a good offer with Company B. Can Company B apply for my H1 transfer?

What all documents does company B need for my h1 transfer?
Company B is ready to apply for a fresh LC in PERM.

Do you suggest to join the company B now or should i ask the company B to file LC under PERM on my name (future employment) and join the company after LC is approved?

Please suggest ASAP.

Thanks in Advance.
 
H1B 7th & subsequest ext. on pending LC

1) Yes. Company B can apply for your H1B transfer provided, Company A continues to process your LC. Get a letter from COMANY A and make sure they will support your petition even though you are leaving for another Company. Please keep in mind that if you join COMAPANY B based on the pending labor petition from COMPANY A and they withdraw the petition you would be in serious trouble.

The crux of the letter should be as follows

"This letter is to express COMPANY A's intention to continue to pursue lawful permanent resident status through the previously submitted application for Labor Certification (ETA 750) filed upon behalf of beneficiary Mr XXX. Although Mr. XXX is no longer employed with our company, we seek to continue with this application and anticipate submitting a Petition for Alien Worker (I-140) upon receiving a certification from the Department of Labor"

2) In addition to the regular paperwork you would need for any H1B transfer you would also need the receipt from DOL that your labor petition from Company A was filed on Sep-04. Some DOL's do not give receipts for labor petitions but provide proof that they have your petition if you need it for 7th year & subsequent extensions. As of now I am assuming your petition has been shipped off to BEC in which case you would need to send a email to the relevant Backlog center providing pertinent information about your case and they will send you a screen shot confirming your case is pending with them. USCIS accepts this as proof of pending labor petition for the purposes of H1B extensions beyond 6 years. Since you already got the 7th year extension from Company A you should already have this documentation with you.

3) If COMP A is willing to offer you complete support then I don't see a problem in joining COMP B now but It is a safer option to join COMP B after they file your LC (PERM) and it is approved since you could then file a I-140 and not be dependent on COMP A. However keep in mind that you would lose your COMP A Sep-04 priority date.

On a personal note, I believe it is allways a risky proposition to switch companies with extensions beyond six years based on a pending labor petition. Too many unknowns, too many parties involved but you never know. Maybe things will work out. Hope I answered your question but I would stongly impress upon you to seek professional legal counsel from a very competent source. This abyss you plan on venturing into is wrought with uncertainity, risks & danger.
 
Jugun64...

I regret not coming across your post a week ago. Mine is exactly the same and I went ahead and filed my 8th ye extension based on pending labor from ex-employer thru premium processing on 15th dec.

Also, my useless lawyer said the NY DOL issued letter(before cases went to PBEC) is enough. So we dint file it with the PBEC screenshot.. I dint not even attach any letter from my ex-employer as you mentioned... very nervous about this and I pray my case goes thru ...

Trust me...many guys like u and a couple more in this forum have more knowledge than these lallu lawyers we go...We have to teach them thing...We lose so much of valuable time for mistakes by these guys..

Will keep all posted what happens...
 
All:

Like I said, i will update everyone. We got our h1 extended/transferred without the PBEC screenshot and without the letter from our previous employer stating that he will keep the Labor pending.. we filed it with the NY DOL letter issued that our labor case was pending.

That was a big relief to me, but it is safe side to keep a letter though, can come in handy anytime..

good luck,

if something like mine has happened, dont panic...which we usually do..
 
What happens in 8th year

Jugunu64,
That is a nice explanation. What happens if you join a company after you get LC from the new company. Can we use that approved LC for the next extension (8th). Or does it have to be the one which is applied in the 5th year for the H1-B extensions?

Greatly appreciate your answer.

Thanks,

Jugunu64 said:
3) If COMP A is willing to offer you complete support then I don't see a problem in joining COMP B now but It is a safer option to join COMP B after they file your LC (PERM) and it is approved since you could then file a I-140 and not be dependent on COMP A. However keep in mind that you would lose your COMP A Sep-04 priority date.
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