H1B expiring in 3 months. LC/I140 approved w Ex employer. Got an offer. What can I do???? HELP!!!!

S

swidjaja

New Member
This is my situation:
1. I was working for company A until last month when I was laid off.
2. My LC was approved in August 2001.
3. My I-140 was approved in Jan 2002.
4. My 6-year H1B will expire in June 2002.

Questions:
1. I get an offer from Company B with similar job responsibilities. How long does it take to transfer my H1B?
2. Can I extend my H1B using my LC/I-140 from Company A?
3. If answer to 2 is Yes, Can I use the LC/I140 to continue my greencard process?
4. If answer to 2 is No, Is restarting from beginning the only option I have?

Thanky you very much.
 
Better Prepare to go back

Questions:
1. I get an offer from Company B with similar job responsibilities. How long does it take to transfer my H1B?
      30 to 90 days
2. Can I extend my H1B using my LC/I-140 from Company A?
   I do not know please better go to good Lawyer, you do not need LC or I-40 to extend your H1B, you can only transfer your H1b to new employer if you find one
3. If answer to 2 is Yes, Can I use the LC/I140 to continue my greencard process?

 NO, YOU CAN NOT CONTINUE GC PROCESS, YOUR NEW EMPLOYER HAS TO FILE NEW LC AND I-140 for you
4. If answer to 2 is No, Is restarting from beginning the only option I have?
 YES ,but your 6 years expire in June 2002 I do not think that you will be able to Clear your LC in short period even if your new employer files for the LC in RIR, better plan to go back is the only option for you.Only OPTION for you is to get O-1 Visa which is very difficult to get you should be EXTRAORDINARY for that.
 You can RECAPTURE the TIME SPENT OUT OF USA on your H1B if you were out of USA for Few months and you should have NOT been PAID by your US employers for that time.
I hope you spent more than 5 years and times were good and you earned well, you should have no complaint to return back and seve in your country. See the conditions of those who came one year back and thay had to go back with out earning.
 
You can Extend your H1

Based on AC-21 Law, I believe its possible to get 7th year ext. I have a similar scenario.

I think in your case, your H1 should be transferred using Premium Processing for the remaining three months, then labour could be filed simultaneously, and using the new labour as well as old PD/ I-140 Approval, you could file for 7th year extention.

The law does not state that the Labour and I-140 have to be with your current employer.

Contact a good lawyer, but you have to move fast.

Good Luck
 
Probably can extend the H-1

I posted this exact question to an attorney group and nobody really knew the answer for sure. I\'d sure give it a try. It seems that there\'s a good faith argument here.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
This is unclear

Here is what looks like : GC process can continue as long as company is willing to do it and no matter if candidate is on same company\'s H1 or not or candidate is out of country due to H1 expiration. But H1 of another company I guess is difficult to extend independently without supporting evidence of LC/i-140. I would sure like to know more on this , thanks,
 
Hints May be helpful

I saw following hint about AC-21 rule which has come into effect since 2000 I guess, which has provision for extending H1 beyond 6th year and more. It reads that If I-140 is in process, you MAY get not just one year extension but possibly get 3 years!! Of course one interpretation was that it is MAY and not CAN!! So it MAY BE possible to get 3 year extension if I-140 is in process. Second rule states that if (i-140 is NOT yet applied) 365 days have passed since LC was filed, again You MAY get ONE year extension and keep getting ONE year extension after that as long as everything else is fine. So this is Either i140 in process OR 365 days after LC filing. And it also looks like even if you have H1 from another company at the time of filing this 7th year extension, it is NOT a problem. But we need to ascertain that via some experienced lawyer.
The text of this hint is at following web link:
http://www.maple-immigration.com/mmboard/messages/203.html
 
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