This is for one of my friend and the guy is totally stressed out, so any help would be helpfull..
My friend works for company X, and had filed for labor in May 2004 through company X, in EB3 catagory. His 6 year term will be up in April 2006 and he was planning to file the 7th year h1 extension in November.
However, after getting news from some of his sources that, in September there would be massive lay offs in his company and he could be a victim, he scrambled and found another job. This new employer, let us say company Y, is in the process of applying for the H1 transfer. Company Y's attorney told my friend that this new h1b will be applied for the reminder of his original H1 time plus one year extension based on company X's labor application. This means the new H1 would be in status till April 2007. Company Y will be starting his Perm and most probably will be filing the PERM by Jan 2006. Now here comes the dilemma. Come april 2007, my friend would need another extension(8th year), if he hasn't got the Green card by then. Can he use the labor application FILED BY COMPANY Y, as the basis for the 8 year extension in 2007?
If some body could throw some light on this, it would be hugely appreciated..
-AMK
PS: My friend will not be able to do EB2, as he has only a BS and 2 years of experience.
My friend works for company X, and had filed for labor in May 2004 through company X, in EB3 catagory. His 6 year term will be up in April 2006 and he was planning to file the 7th year h1 extension in November.
However, after getting news from some of his sources that, in September there would be massive lay offs in his company and he could be a victim, he scrambled and found another job. This new employer, let us say company Y, is in the process of applying for the H1 transfer. Company Y's attorney told my friend that this new h1b will be applied for the reminder of his original H1 time plus one year extension based on company X's labor application. This means the new H1 would be in status till April 2007. Company Y will be starting his Perm and most probably will be filing the PERM by Jan 2006. Now here comes the dilemma. Come april 2007, my friend would need another extension(8th year), if he hasn't got the Green card by then. Can he use the labor application FILED BY COMPANY Y, as the basis for the 8 year extension in 2007?
If some body could throw some light on this, it would be hugely appreciated..
-AMK
PS: My friend will not be able to do EB2, as he has only a BS and 2 years of experience.