H1B expiring

[satori66]

Hi,

My visa expires end October 2005.
I am looking into changing employer right now - now that I still have more then 365 days left on my H1B.

Now some websites say that you need to file for LC 365 days before expiration of your H1B and then you can extend year by year.

Other websites say that you need to file BOTH for LC AND you need to file I-140 for permanent immigration status 365 days before expiration of H1B.

Anybody know which one is correct? Or has been in same situation?

Thanks a lot,
S.

 

[ginnu]

Hi,

My visa expires end October 2005.
I am looking into changing employer right now - now that I still have more then 365 days left on my H1B.
--file LC ASAP
Now some websites say that you need to file for LC 365 days before expiration of your H1B and then you can extend year by year.
---That is correct
Other websites say that you need to file BOTH for LC AND you need to file I-140 for permanent immigration status 365 days before expiration of H1B.
---- That has been changed in 2003, to extend 7th year H1 you need:
LC recieved by SWA or SESA and pending more than 365 days
OR
I-140 filed and Pending
OR
I-485 filed and Pending
Anybody know which one is correct? Or has been in same situation?

Thanks a lot,
S.

 

[satori66]

One more additional question - same subject

Hi -
first of all thanks for your swift replies UnitedNations and Ginnu.

I hope you (somebody) can answer this one too.
I am running out of time.

The same lawyer came back to me after I gave your responses and said that
a new LC needs to be filed 365 days before you apply for an extension of the H1B which is pretty much half a year before your H1B expires.

Is this correct?

This would obviously mean that a new LC needs to be filed 1 year and a half before my H1B expires which is already too late.

I understood from your responses that he is right in the regard that you need to have started LC process 365 days before you file for an extension (and not before the actual expiration). I guess my question really is: when do you need to file for extension of H1B - Can this happen weeks before the H1B expires or does it need to be many months before the H1B expires??

Thanks again,
Satori66.

 

[hathwar]

You can apply for the extension weeks before the current one expires. If you are concerned then apply for premium processing and you will get it in a month.

HTH