H1 Transfer / Extension

[sajidkapadia]

H1 Transfer / Extension ..... Please HELP

Hi all,

I have a similar problem.

I left company A and joined company B. When I joined I was informed that they have filed for my H1 transfer. But later on I came to know that only the LCA has been filed and approved.

The filing of the LCA was through fax.

They had filed I-129 but it was rejected on the basis that they had selected some wrong option on the form.

This was being done by the HR and not the company lawyer. That HR person knew very little about H1 transfer. He even filed the H1 transfer I-129 form by normal USPS and not fedex or UPS.

I spoke to a lawyer and he says that I need to go back to company A and get paystubs for atleast 3-4 pay periods. Then I will be able to file the H1 transfer.

My 6-year limit on my H1 is also coming near. It expires in February 2004. My labor certification for the green card was filed from company A on May 2002. The company A is actually owned by my friend.

Questions:
1. What do I do now for the H1 transfer?
2. If I go back to company A, I will be waiting for atleast 3-4 pay periods so that my papers are in order for the H1 transfer. Should I do the H1 transfer first or should I file for the 7th year extension of my H1?

Any help will be greatly appreciated.

Thanks

 

[manju1968]

visa/labor status after company sale

Hello,
i work for a company 'A' and have a valid visa till 2003 NOV. i did apply for labor in may 2002 and is still in process. my 6 year mark is at May 2004. i did apply for a extension till 2005 May. i am waiting for approval. Now in b/w my company 'A' got sold to a different company 'B'.

now questions are
1. what happens to h1 status is it still valid or need to re apply or just get a LCA.
2. what happens to labor process, is it still valid or need to re apply or just file some paper work or transfer

please explain.
thanks