H1B Extension during 7th year

L

LCHUNGRY

Registered Users (C)
Guys,

Here is my situation.
Filed RIR, EB2 on March 2nd 2004. H1B 6th year completed on April 19th 2005. Now I am in 7th year extension.

Now is it possible to transfer my H1B to a new employer and thereafter extend my H1B visa to 8th years using my pending labor with my current employer provided the labor is still pending ????

The new company says that they would file PERM as soon as I join them.

Could anyone please respond to this??

Thanks a lot
 
H1B Transfer during 7th year

Guys,

Here is my situation.
Filed RIR, EB2 on March 2nd 2004. H1B 6th year completed on April 19th 2005. Now I am in 7th year extension.

Now is it possible to transfer my H1B to a new employer and thereafter extend my H1B visa to 8th years using my pending labor with my current employer provided the labor is still pending ????

The new company says that they would file PERM as soon as I join them.

Could anyone please respond to this??

Thanks a lot
 
LCHUNGRY said:
Guys,

Here is my situation.
Filed RIR, EB2 on March 2nd 2004. H1B 6th year completed on April 19th 2005. Now I am in 7th year extension.

Now is it possible to transfer my H1B to a new employer and thereafter extend my H1B visa to 8th years using my pending labor with my current employer provided the labor is still pending ????

The new company says that they would file PERM as soon as I join them.

Could anyone please respond to this??

Thanks a lot
Click to expand...

Yes , you can. But how can you beleive that your old employer withdraw the LC as soon as you leave the company.
 
I agree with great guru:
other employer can file extension based on previous employer's pending labor -that was made clear again in 5/12/05 Yates memo on AC-21. Also the risk is tht you don't know if old employer does not cancel labor....since you leave them....

I am wondering if the following scenario works: Can new employer upon filing H-1B transfer also at the same time apply for 7th/8th year extension - so even if old employer cancels pending labor later - it would be after extension has been approved????

Also would that have to be within 6 months before H-1B expiration or not? (I am thinking 'yes' although Yates memo also provides for filing 7th year extensions prior to 6 month time window if other extension is filed at the same time - so it could be that CIS might accept above filing method).
 
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