GCCovet said:One of my friend is in similar situation. His 6th year just finished and started on 7th year. He has Labor pending since 2003 Dec. Now the company he is working is in trouble and may close down.
What options does he have? 1. Can he transfer his 7th year H1 with other company? 2. What happens to his pending LC and his quest for Green Card?
3. Can the new employer file for another LC (I know this might not be possible)
Please advice.
Regards
when you do a transfer you will be getting only till the present H1 expire date. You have to do transfer + extension. I know this can be done.VISLI_COM said:I got 7th years' extension on june'05 my h1-b is vaild till june 06. I want to change my job , my LC is pending with DBEC with more than 2 years.
My question is
If I'll change job I'll get H1-B for 1 year + remaining months (till june'07). Right?????
Thanks.
PD Aug'03/CA/RIR/EB3.
What options does he have?GCCovet said:One of my friend is in similar situation. His 6th year just finished and started on 7th year. He has Labor pending since 2003 Dec. Now the company he is working is in trouble and may close down.
What options does he have? 1. Can he transfer his 7th year H1 with other company? 2. What happens to his pending LC and his quest for Green Card?
3. Can the new employer file for another LC (I know this might not be possible)
Please advice.
Regards
gth999 said:What options does he have?
1. Can he transfer his 7th year H1 with other company? YES
2. What happens to his pending LC and his quest for Green Card? He cannot transfer the pending LC. He can show that LC as pending more that 265 days and get 8th yr extension provided the previous employer did not cancel that LC.
3. Can the new employer file for another LC (I know this might not be possible) Sure no problem, infact that is the only way. Any one can apply for an extension before 6 months of expire date. the safe way to transfer after 6th yr is Apply for a transfer before 6 months and apply for extension that way you will be having 1-1/2yr of H1 validity and start you GC immediately. Or start your LC with any company as future employee and then make sure you have 365 days of gap between your LC file date and your H1 expire date and then transfer.
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Make sure you consult an attorney before you take this decision.
Yes you will get.VISLI_COM said:I am talking about chance for survival in this country, If you change jobs/fired/lay off after 7th years’ of extension and you have 3 months’ on H1 visa. One of my friend said (according to AC21) you will get H1 extension for 3 months + 12 months.
Is this right???
gth999 said:Yes you will get.
FYI
you will get 3+12 months i.e (3 for transfer + 12 for extension).You have to do both. Its not by default.
Man you got me here.VISLI_COM said:What if I changed job and my old company cancel LC. You mean to say I'll not get 12 months' extension. Right??
I'll have to leave country after 3 months????
Than what is meaning of this..
http://www.murthy.com/news/n_yath1b.html
gth999 said:Man you got me here.
"The Memo states that the time requested can be the remaining time in the six years plus the seventh year, as long as the total of that time does not exceed the three-year rule. Thus, if a person is the beneficiary of a labor certification that was filed 365 days earlier, and s/he is starting the fifth year of the H1B and needs to have a new case filed, it appears that the employer could request the remainder of year five and all of year six, as well as year seven. This is quite favorable as it saves everyone time, money, and effort. "
based on this the max extension you can apply is 3 yrs at a time. So if you apply in the 5th yr then you can apply for 5th+6th+7th yr in a single filing. Great I dint know this. Thanks for correcting me.
gth999 said:
gth999 said:I have a question. If your H1 is denied for any reason do we have any grace period to file another H1 ? or are we out of status with immediate effect ?
AmusedAgain said:For all tormented souls on H1-B who are worrying about 6/7/8 year extensions...
There is O-1 visa category. If you are working in speciality occupation (which most of H-1B are), you can get O-1 visa. The visa is valid for 3 years and renewable after that on a yearly basis (there is no sunset clause like H-1B).
You can google O-1 Visa to find all the requirements etc...also, talk with your lawyer/company....hope, this helps...
My wife is back on H4 and she was working on H1. I am in my 7th year. My LC has been pending since Dec 2002. My wife cannot have H1 since she has spent 6 years here and H1B cannot be applied since she doesn't have a pending LC. The mention about O-1 has given me a ray of hope of getting her back in working status. Does this O1- really helps in my situation. Can she get this visa. She is MCA from India and has nealry 7 years of experience. Any suggestions, advises much appreciated.AmusedAgain said:Yes, actually if you have O-1 processed, then the feasibility for EB-1 increases as well.
Also, it provides respite from annual renewal cycle of H-1B while you are waiting for your labour certification (which is very inconvinient as your annual vacation goes in processing the H-1B).