H1B Extension , Company Change . Please Help

[yawningyoda]

All,

I am at cross roads with my H extension and labour. Kindly take a moment to asnwer my questions.

Labour filed with company A for more than 1 year. H1B expires on Aug 1, 2007 .
I would like to change employment now , on what conditions can I join a new company?

Should the new employer start GC application as soonI join to extend H?

Can new employer get H extended based on the Labour of my old company?

Can I retain the priority date of my earlier labour ?

I got a job , but the employer has put a condition that he cannot file GC until 1 year. Is there a work around for me?

 

[shailu76]

See my comments in Blue.

All,

I am at cross roads with my H extension and labour. Kindly take a moment to asnwer my questions.

Labour filed with company A for more than 1 year. H1B expires on Aug 1, 2007 .
I would like to change employment now , on what conditions can I join a new company?
- You can transfer your H1B to new company. Ask them to file for new LC.

Should the new employer start GC application as soonI join to extend H?
- Yes. as soon as the new compnay can to be safe.

Can new employer get H extended based on the Labour of my old company?
- Yes if the old LC is still in the process. Ask your old company to not revoke the case.

Can I retain the priority date of my earlier labour ?
- Good question. Yes but only if your current employer files for I-140 and only if gets approved. See my latest post named "7th year job change_keep the PD..Update" I just paid $160 to get this clarification from a lawyer.

I got a job , but the employer has put a condition that he cannot file GC until 1 year. Is there a work around for me?
- You have 1 and half year on your H1B. If your current LC is still in process then yes you can wait for a year for your new company to fole for new LC. You can get your 7th year Ext. based on the previous LC.