H1B 8th year extension while BEC pending

O-1 Visa Catogary ( Careful)

I think someone ( tried to help or confuse) guys who are struggling with 6th, 7th and 8th year of extensions.

http://www.unh.edu/oiss/h_o_tn/o1/index.html

See details below and click on the Link.

The O-1 non-immigrant visa category is for: foreign nationals of "extraordinary ability" in the sciences, arts, education, business, or athletics; certain individuals accompanying or assisting them; and their family members. It can be used for faculty or staff positions of a temporary nature. The employer must submit substantial documentation to the INS as evidence of the individual's extraordinary ability. The INS must approve the employer's petition before the foreign national can be employed or receive compensation.http://www.unh.edu/oiss/h_o_tn/o1/index.html
 
kumargovin said:
Question:

1. Can the new employer file for H1B transfer for remaining 10months on my 7th year and 8th year. Initially the attorney of the new employer told me that the transfer is not possible. Did anyone get the same advice.

2. Finally he is going to try 7th & 8th year. Have anyone file for remaining 7th year & 8th year. Pls let me know. [/COLOR]
Click to expand...

1. The process of extending the H1B visa can be started no sooner than 6 months before the visa expiration, so in your case it is too early to apply.
If you are planning to change the job than you should warry about other thing not this. When your new employer applies for the transfer you will get 1 year of the extension so it does not matter whether your former employer filed for the 8th year or not.
The tricky part is once the decision on your labor application is made you are not longer eligible for the 8th year and the new visa automatically becomes invalid. As I said it is tricky so make sure you have a very good lawyer.
You can do the following:
Ask your new employer apply for the labor certification before you join the company. The PERM process is relatively fast now. Once they have a labor certification for you switch the job and file I140 and I485 if you can immediately.
 
7/8th Year Extension and H1 Transfer

Did you get the approval for remaining three months on 7th year and 8th year. Please let me know since I am in the situation currently.
 
sbdol said:
1. The process of extending the H1B visa can be started no sooner than 6 months before the visa expiration, so in your case it is too early to apply.
If you are planning to change the job than you should warry about other thing not this. When your new employer applies for the transfer you will get 1 year of the extension so it does not matter whether your former employer filed for the 8th year or not.
The tricky part is once the decision on your labor application is made you are not longer eligible for the 8th year and the new visa automatically becomes invalid. As I said it is tricky so make sure you have a very good lawyer.
You can do the following:
Ask your new employer apply for the labor certification before you join the company. The PERM process is relatively fast now. Once they have a labor certification for you switch the job and file I140 and I485 if you can immediately.
Click to expand...


not entirely true. even though the labor is approved, still eligible for 8th yr. don't know what happens if the prev employer with draws the labor.
 
8th Year Extension ?

My labor is not approve neither I recieved the 45 day letter, I have screen shot from DBEC which I got last August for my 7th year Extension. I need to file my 8th Year Extension soon to California service center. What is a procedure? Can I do it all by myself without attorney's help? What is a time frame for approval?
 
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Sorry, visited this thread after a long time...yes, O-1 is not an easy grab, however, many folks on H-1B could qualify based on higher salary, publications and memberships on panels/societies, so it is definitely worth a shot if H-1 is not working for you..as usual, talk to a good attorney (preferably, 2-3 different attorneys to ensure a solid case)...
 
URGENT - LC PEnding and H-1 with Company B

Hello Guys,

Please someone answer this. It's urgent.

I have only one question for GURU's.

I am currently working on 8th year of H-1(b) for Employer A based on pending labor. Extend my H-1(b) every single year from last 3 years. I have been already approved for 9th year extension starting from Oct 2006 - Oct 2007.

I just need to know, what are my options to switch from company A to B.

If i will file H-1(b) for Company B now and gets approve for the same period from Oct 2006 - Oct 2007 based on my pending labor.

1)Can I switch my job and work for compnay B without a fear of losing my status, if Company A cancels my labor.

2) What happened If company A will cancel my pending LC immediately, then my H-1 with compnay B would be valid or not?

3)If yes, it means cancel labor with company A has nothing to do with another H-1, even it was approved on the basis of compnay A pending labor.

4) How long can I work for company B? Can I work for compnay B till Oct 2007 (assuming my H-1 for company B will also approve for 1 more year)

I am pretty sure that company B will file PERM for me (on EB2, current for my country) and if will get approve during the next year then I will apply for !-140 and then i will get an extension for three years for company B,
BUT Again
My main concern is if I switch on H-1 to company B right now and compnay A will cancel my labor then where I would be standing? I have already 8th years on H-1, I don't want to lose it, only because of new job.

Please help.

Thanks in advance

Type: RIR
State: CT
PD: July 2003
 
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