H1 Visa Renewal and labour certification

J

jayantjain

Registered Users (C)
Hi,

I had my labour applied in feb 02. The approval from EDD came in Jan 03 and now is pending with DOL. My 6yrs on H1 expire in Feb 04. My brother want to buy over a business in Texas and wants me to work there. Any possible way that I can change my Visa to some other visa or renew my H1 against this new company and stay here..

He would be investing about 30-400,000 USD and employing about 8-10 people


Help would be really appreciated

Thanks
jayant
 
You can do a H1 transfer to any company you want.
But you cannot count on your current employer pursuing the Labor on your behalf. Until you reach the I485 stage the GC process is not tied to you...
 
Tha ks for your response, but I think I failed to clarify my question. What happens after Feb '04. Can I apply for an extension of H1 from the new company based upon the fact that my earlier labour was delayed by more than a year

Thanks

jayant
 
You can extend your 7th year H1 or can transfer to new company if your LC has been pending more than 365 days, you need the receipt from SESA with case #where your LC was submitted and copy of ETA 750 A (signed by employer)and ETA 750 B with the compleate LC application ( it may be with lawyer or employer) you need the help of good immigration lawyer to do it, collect every proof that your LC was filed and was pending more than 365 days.
 
Thanks.

But does it mean than the DOL has to approve the labour before this can be attempted or the very fact that its still pending for over a year is good enough

thanks
jayant
 
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