H1 transfer plus 7th year extension

[disney2k]

Hi guys,

I have five months remaining on H1B from Company-A & labor pending for more than two years also from Company-A.

Since H1B extension can be applied 6-months in advance & using AC21 portability provisions;


Can Company-B apply for H1 transfer (for five months) plus 7th year extension (based on pending labor) to-gether now? (meaning 1.5 years of H1B validity)

Thanks,

 

[jaxen]

I think 2 petitions are required...

 

[rock945]

Hi jaxen ,
Are you saying that companyB can apply for 7th year extension based on CompanyA's pending labour petition. I am just curious because i am also in a similar situation. My 6 years is expiring this november and my labour is pending for more than a year and i want to know if i can switch employees now and still get 7th year extension.

thanks

 

[disney2k]

First get the 7th year extension (through company-B) approved before November and then switch.
Otherwise Company-A may withdraw the labor which is more risky.

Originally posted by rock945
Hi jaxen ,
Are you saying that companyB can apply for 7th year extension based on CompanyA's pending labour petition. I am just curious because i am also in a similar situation. My 6 years is expiring this november and my labour is pending for more than a year and i want to know if i can switch employees now and still get 7th year extension.

thanks

 

[GCCRAWL]

Possible

You can apply for 7th year extension at company A..... based on seniority of GC processing with company B.

I read this article in Murthy.com

I am in same boat.....with 6years expiry in OCT '03. and going for it.



I am not a lawyer.. but one of u...