H1B 7th year extension question and switching companies.

A

amianai

New Member
Hello all,

Appreciate help in this. Im currently in my 5th year of h1 which expires on dec 04 2006. My LC RIR was applied on Dec 14th 2004 and is now in the Dallas BEC center.

Im looking to switch employers towards the end of year.

1) Can I switch employer to Company B and have them apply for a 7th year extention on my "transfered" H1 based on LC applied at Company A? I'll have to wait till 365 days are up tho and then transfer to company B.

2) Any recommendations to transfer to new company rite away? I dont want to do this since they will not be able to apply for 7th year extension because 365 days were not up on pending LC. Can I transfer over to Company B now and still get a 7th year extension somehow after immediately applying for perm?

Thanks,
Ami
 
Switching company

amianai said:
Hello all,

Appreciate help in this. Im currently in my 5th year of h1 which expires on dec 04 2006. My LC RIR was applied on Dec 14th 2004 and is now in the Dallas BEC center.

Im looking to switch employers towards the end of year.

1) Can I switch employer to Company B and have them apply for a 7th year extention on my "transfered" H1 based on LC applied at Company A? I'll have to wait till 365 days are up tho and then transfer to company B.
You can apply for 7th year extension only from the company from where your LC application is pending more than 365 days. You cannot use LC applied in Company A for getting GC or even 7th year H1 in Company B. You will have to apply fresh LC in Company B.

2) Any recommendations to transfer to new company rite away? I dont want to do this since they will not be able to apply for 7th year extension because 365 days were not up on pending LC. Can I transfer over to Company B now and still get a 7th year extension somehow after immediately applying for perm?
If you transfer to Company B and immediately initiate PERM process you should be able to get your LC within 4 to 6 months (including advertising, waiting period and actual process time). If your PD is more than 365 days before your 6year H1 expires you can apply for 7th yr (assuming you could not file 485 and EAD due to retrogression )

Thanks,
Ami
Click to expand...
 
GCPD0102 - You answer to Q1 is wrong.

Any company can get 7th year H1B extension if you have a Labor pending more than 1 year from any company. The law is very clear on that. [I have obtained a 7th year extension in this same situation. Company A has Labor pending. Company B got 7th year extension based on Company A Labor pending]
 
Switching Company

justdoit said:
GCPD0102 - You answer to Q1 is wrong.

Any company can get 7th year H1B extension if you have a Labor pending more than 1 year from any company. The law is very clear on that. [I have obtained a 7th year extension in this same situation. Company A has Labor pending. Company B got 7th year extension based on Company A Labor pending]
Click to expand...

Did you switch to Company B before end of 6th year of H1 with Company A?

Have you started a new LC with Company B? Otherwise through which company r u going to file 140 and 485?
 
You are good to go. Read the USCIS faq on page 7 for H-1B extension beyond the 6th year

http://uscis.gov/graphics/lawsregs/handbook/AC21intrm051205.pdf

amianai said:
Hello all,

Appreciate help in this. Im currently in my 5th year of h1 which expires on dec 04 2006. My LC RIR was applied on Dec 14th 2004 and is now in the Dallas BEC center.

Im looking to switch employers towards the end of year.

1) Can I switch employer to Company B and have them apply for a 7th year extention on my "transfered" H1 based on LC applied at Company A? I'll have to wait till 365 days are up tho and then transfer to company B.

2) Any recommendations to transfer to new company rite away? I dont want to do this since they will not be able to apply for 7th year extension because 365 days were not up on pending LC. Can I transfer over to Company B now and still get a 7th year extension somehow after immediately applying for perm?

Thanks,
Ami
Click to expand...
 
So if I immediately move to company B without a H1 7th year extension, I estimate that they will be only be able to file for my perm GC sometime next year. Since my H1 will expire in dec 2006, this means I cannot get a H1 7th year extension based on my approved LC because the new PD will not be within 365 days.

Is this really correct? That means no one can apply for GC in perm during the last year of their H1!

Thanks,
Ami
 
Ask new company to file for H1B for 2 and half year (Aug05 to dec06+ one year because of Labour is pending for more than 365 days). Read the following from the earlier link on page 7-8 applicable for H-1B petitions extensions. Wihin this time (2.5 years) you file new labour/ I-140 so that it is more than 356 days old before dec 2007. Then use this new labour/ I-140 to get further extensions.

“Section 106(a) of AC21 allows an alien to obtain an extension of H-1B status beyond the 6-year maximum period, when:

A. 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or

B. .......

Once these requirements have been met, the alien may be granted an extension beyond the 6-year maximum on or prior to the date the alien reaches the 6-year maximum. Such extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period. Requiring the filing of two extension petitions merely increases petitioner and CIS workloads, and has no basis in statute. In no case, however, may the total period of time granted on an extension exceed a cumulative total of 3 years. 8 CFR 214.2(h)(15)(ii)(B)(1).”

Say Thanks to Bill Clinton for making this possible.



amianai said:
So if I immediately move to company B without a H1 7th year extension, I estimate that they will be only be able to file for my perm GC sometime next year. Since my H1 will expire in dec 2006, this means I cannot get a H1 7th year extension based on my approved LC because the new PD will not be within 365 days.

Is this really correct? That means no one can apply for GC in perm during the last year of their H1!

Thanks,
Ami
Click to expand...
 
h1b extension validity

my h1b visa expires in march 06 though my 6years getting completed in jan07.
now im thinking of getting my extension done sometimes in sept'05 for recapturing of remaining 10 months and 7th year extension as my labor pending for past 2 years.
once i get my extension im planning to switch to another co. and file new labor under new co...Now my qs. is will my h1b visa will be valid till the 7th yr. extended period or my visa will be valid till 6years of h1b visa and can i extend my h1b visa under new co.

Please advice

Thanks
 
Change employment in 7th year with LC pending

My Labor Certification which is pending with Dalls BEC under EB3(2) RIR. I am already in 7th year extension, with the 7th year expiring in April, 06. The LC priority date is Jan 28, 02.

I have been offered an excellent career opportunity at a different company, which I don't want to miss. Can I transfer my H1 to this new company, and hope to get my 8th year extension based on more than 365 days that my LC has been pending from my current employer?

I obtained an opinion from an immigration attorney, and as per her its not safe, as, if my current employer then withdraws my LC or substitutes it to someone else, I will become out of status.

What do you guys think? Based on the document mentioned in this forum it seems I can transfer my H1 safely (http://uscis.gov/graphics/lawsregs/handbook/AC21intrm051205.pdf page9).
Also, will it be ok to then file a new PERM application? How much importance would you give to the loss of priority date?
 
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