H1 Transfer during 7th year and Sub LC

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acqua789

Registered Users (C)
My 6 years H1 term expires in March'05. I have filed for my 7th year extension through my current employer (EMP A) expected to approve in the middle of March'05. Once its approved I'm thinking of transferring my H1 to another employer (EMP B) by end of March.

My LC is pending since Jun 2003 from EMP A.

Another employer (EMP C) is planning to file I-140 and I-485 using a sub LC in EB2 MAR/APR'05 as a future employee. I'll join this employer once EAD is issued.

My questions are:
1. My pre-approved LC was approved in Virginia area; the attorney wants to file my case at NSC. Can he change the location for filing from VSC to NSC?

2. Will I be able to apply for 8th year? if so on what basis?

Thanks.
 
acqua789 said:
My 6 years H1 term expires in March'05. I have filed for my 7th year extension through my current employer (EMP A) expected to approve in the middle of March'05. Once its approved I'm thinking of transferring my H1 to another employer (EMP B) by end of March.

My LC is pending since Jun 2003 from EMP A.
----- if possible request your employer A not to cancell LC (try to get LC filing reciept that lawyer got from SWA after LC filing it has your PD on it and may be of some use in future )
Another employer (EMP C) is planning to file I-140 and I-485 using a sub LC in EB2 MAR/APR'05 as a future employee. I'll join this employer once EAD is issued.
----- first take the approved LC copy and go to lawyer let him evaluate if you qualify to use that LC becase you need to have same education and experience BEFORE the date that LC was filed. If lawyer says you are eligible to use that LC then file I-140, I-485, AP, EAD , I will NOT use EAD till I-140 gets approved becase if I-140 gets denied then EAD AP I-485 all will get denied, better maintain H1 status till your I-140 gets approved
My questions are:
1. My pre-approved LC was approved in Virginia area; the attorney wants to file my case at NSC. Can he change the location for filing from VSC to NSC?
----- where do you reside? where is comany Head office?
2. Will I be able to apply for 8th year? if so on what basis?
----- once you file I-485 and get reciept of I-485 filing file for 8th year h1 based on pending I-485( i will file through premium processing becase if I-140 and I-485 gets denied later then still the 8th year H1 approval will be valid)
Thanks.
Click to expand...
 
1. My pre-approved LC was approved in Virginia area; the attorney wants to file my case at NSC. Can he change the location for filing from VSC to NSC?
----- where do you reside? where is comany Head office?

*** The company is a nation wide company, its HQ was in VA area, not its bought by another company. I'm based in TN and my current project location is CO. I might be working on Western states once my current project is over.

Thanks for your help.
 
acqua789 said:
1. My pre-approved LC was approved in Virginia area; the attorney wants to file my case at NSC. Can he change the location for filing from VSC to NSC?
----- where do you reside? where is comany Head office?

*** The company is a nation wide company, its HQ was in VA area, not its bought by another company. I'm based in TN and my current project location is CO. I might be working on Western states once my current project is over.
---------------------LC belongs to employer and I-140 also belongs to employer, employer has to file I-140 under the juridiction of his headoffice. I dont know where is headoffice of employer. better ask the layer why he wants to file NSC or VSC.
---- if I-140 is approved then one can file I-485 with I-140 approval notice copy where he is living if you are staying under VSC then you can file I-485 with VSC if you are staying under NSC then I-485 can be filed with NSC
If the employer lawyer wants to file I-140 and you want to file I-485 it is better to submit both to same service center
Thanks for your help.
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H1B - 7th year extension transfer?

Hi,
My LC was approved recently and applied for I140 I485 (at NSC) with ND Jan 07 2005. Priority Date is 05/xx/2002. 6 yeras on my H1 completes by July 2005 end. I have some problems at work and foresee my job might not be there after July 2005.

Our company doesn't apply for H1B extension until 3 months before expiry. Any one knows how long it is taking for H1 extension approval?

Can I change to a different company on the extended H1 from my current company? I might not be able to carry over my LV approval... I won't be eligible for AC21 becase my I140 won't be approved by July. I would like to know if one can transfer the extended H1 to a total new company/job just like one would do on a normal H1.

Any ideas (on how I can change my H1 to a new company and work legally and hopefully start over the GC process)?

Thanks!
 
Grandhipal said:
Hi,
My LC was approved recently and applied for I140 I485 (at NSC) with ND Jan 07 2005. Priority Date is 05/xx/2002. 6 yeras on my H1 completes by July 2005 end. I have some problems at work and foresee my job might not be there after July 2005.

Our company doesn't apply for H1B extension until 3 months before expiry. Any one knows how long it is taking for H1 extension approval?
----- check your service center times or apply with premium processing you will get the results in 15-20 days
Can I change to a different company on the extended H1 from my current company?
-yes
I might not be able to carry over my LC approval...
--correct you cant carry the LC to new employer for GC
I won't be eligible for AC21 becase my I140 won't be approved by July. I would like to know if one can transfer the extended H1 to a total new company/job just like one would do on a normal H1.
--yes you can do
Any ideas (on how I can change my H1 to a new company and work legally and hopefully start over the GC process)?
----- contact a good lawyer, or find a employer who can file for H1 transfer with USCIS and once you get the USCIS reciept you can join new employer.

*** cant you request your past employer not to revoke or cancell the I-140? or enter a deal with him not to cancell the I-140 because you will be eligible for AC21 if I-140 gets approved and I-485 is pending more than 180 days. starting a new GC process will take a very long time and becase of PERM many will not be able to file in EB2 and even if they file in Eb 2 or Eb3 then the PD will be some time in 2005, it simply means long time to get GC. try to request your employer not to canceel or revoke the I-140, if you can do that it will be good for you.
Thanks!
Click to expand...
 
Last edited by a moderator:
GINNU, do you know if one can have more than I-140's filed at the same time? like from a current employer and a future employer/s?

How about I-485? can someone have more than one 485/s filed?

Thanks.
 
acqua789 said:
GINNU, do you know if one can have more than I-140's filed at the same time? like from a current employer and a future employer/s?
----- yes one can
How about I-485? can someone have more than one 485/s filed?
----- yes, one is eligible to file second I-485 if base of second I-485 is new employer LC and I-140. better one should write the same A# on new I-140 and new I-485(as assigned to your earlier I-485)
Thanks.
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Hi Ginnu,
I might not be able to carry over my LV approval...
-- what is "LV approval"?
Sorry that was a typo. I meant LC approval.
 
Grandhipal said:
Hi Ginnu,
I might not be able to carry over my LV approval...
-- what is "LV approval"?
Sorry that was a typo. I meant LC approval.
Click to expand...
---- read my reply to your earier Post I have added more info
 
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