H1B - 6 yr expiring and labor cert. pending

[mycar]

Hi,

My H1B 6 yrs are expiring in DEC-2012. My employer has filed for Labor Certificate in June-2011; and I'm still waiting for approval.

Now, my employer may shut down office sometime next year. What I shall I do in that case? I believe my LCA would be approved by then. Can i still change employer and file for GC before dec-2011? or i shall wait for LCA approval and I-140 approval?

How long it taked to I-140 approved after LCA?
please help....

 

[angela20]

H-1 extension beyond six years

H-1 extension beyond six years can be obtained under two circumstances:

First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago.

Second, if your I-140 has been approved but you cannot file I-485 because your priority date has retrogressed, you can get H-1 extensions (most probably) in chunks of three years each time.

 

[ginnu]

Hi,

My H1B 6 yrs are expiring in DEC-2012. My employer has filed for Labor Certificate in June-2011; and I'm still waiting for approval.
--------H1 extension can be filed as your LC is pending more than 1 year. you will need the evidence of LC filing

Now, my employer may shut down office sometime next year. What I shall I do in that case?
I believe my LCA would be approved by then.
-----LCA is for H1 and LC is for Green Card. dont mix LC with LCA. if your LC gets approved then your employer can file I-140. If he close the company then he will not file the-I-140. Before he close the company find new employer and let new employer file H1 Transfer for you and join AFTER the H1 transfer gets APPROVED (dont just join by H1 filing reciept as USCIS is rejecting many H1 at this time filed by consulting companies. You may have to start the GC process again through new employer.

Can i still change employer and file for GC before dec-2011?
------ You Can change the employer before Dec 2011 as you have valid H1

or i shall wait for LCA approval and I-140 approval?
----- if the employer is closing his shop then he will not be able to file I-140
How long it taked to I-140 approved after LCA?
---After LC is approved(not LCA) then employer lawyer takes time 7-10 days to prepare the package and once USCIS gets I-140 it may take 5 moths to 1 year. It is just guess as nobody can predict USCIS.
please help....

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