H1B in 7th year / Labor rejected / job lost

B

bcshak

Registered Users (C)
Labor applied before 365 days of H1 expiration.
7th year ext. approved and currently on 7th year H1b.

Question: with the above pretext,

1. what happens if the labor gets rejected ? Can the person still work for the company until the last day of 7th year expiry ?

2. what happens if the person looses his job (lay-off)? Can the person still leagally stay in the contry and look for other jobs and work until the expiry of 7th year.
 
Labor applied before 365 days of H1 expiration.
7th year ext. approved and currently on 7th year H1b.

Question: with the above pretext,

1. What happens if the labor gets rejected? Can the person still work for the company until the last day of 7th year expiry ?
--- YES
2. What happens if the person looses his job (lay-off)? Can the person still legally stay in the country and look for other jobs and work until the expiry of 7th year.
----- You can transfer H1b with other employer, you have H1 extension approved and in legal status but you must file H1 transfer with recent pay stubs
*** if your past employer LC gets approved then enter a DEAL to file I-140, I-485, EAD and AP because if you file new LC through new employer it may not hit 375 days to file for 8th year H1.
** PERM may start in November/ December 2004 and it has many restrictions better file new LC from new employer as back up and get early PD
 
ginnu said:
Labor applied before 365 days of H1 expiration.
7th year ext. approved and currently on 7th year H1b.

Question: with the above pretext,

1. What happens if the labor gets rejected? Can the person still work for the company until the last day of 7th year expiry ?
--- YES
2. What happens if the person looses his job (lay-off)? Can the person still legally stay in the country and look for other jobs and work until the expiry of 7th year.
----- You can transfer H1b with other employer, you have H1 extension approved and in legal status but you must file H1 transfer with recent pay stubs
*** if your past employer LC gets approved then enter a DEAL to file I-140, I-485, EAD and AP because if you file new LC through new employer it may not hit 375 days to file for 8th year H1.
** PERM may start in November/ December 2004 and it has many restrictions better file new LC from new employer as back up and get early PD
Click to expand...



Gunnu,

Are you sure about the answer to Q1 ? I am in the similar situation and my company lawyer says since my H1 extension is tied to my pending labor, the H1B visa will be invalid if the labor is rejected.

Thanks,
sm11299
 
sm11299 said:
Gunnu,

Are you sure about the answer to Q1 ?
--yes
I am in the similar situation and my company lawyer says since my H1 extension is tied to my pending labor, the H1B visa will be invalid if the labor is rejected.
------ go to good lawyer, if H1 is approved even if LC is rejected later after 7th year H1 approval or one files 7th year H1 based on pending I-140 OR pending I-485 and if 7th year H1 is approved it is Valid even if I-140 or I-485, LC get rejected later.
Thanks,
sm11299
Click to expand...
 
ginnu said:
---- and in coming weeks I am going to change from Gunnu to Tunnu then to Munnu then to Pinnu then Kennu then to Beenuu then to Jennnu then to Meenu then to Feenu then to Reenu then to Yeennu then to Ennnu then to Heennu then Veenu then to Zeennu them Seenu then to Annu then to Lay Lun ..... :D
Click to expand...
Lay Lun? How does that come ???
 
If your Labor cert rejected, 7th yr h1b is not valid immediately.

Ginnu, khunu or kinnu
Do not give wrong information

---------------------------------------
Question: with the above pretext,

1. What happens if the labor gets rejected? Can the person still work for the company until the last day of 7th year expiry ?
--- YES
-------------------------------------------------------

Once Labor is rejected, the same minute H1b 7th or 8th year is not valid and you loose your H1 status and you can not transfer to any body else too.

Good alternate is make another labor cert from some other company as stand by. Good idea is make it Non-RIR, so that it will take 3 to 4 years, you can keep renewing your H1 upto 10 years.
 
great guru said:
Ginnu, khunu or kinnu
Do not give wrong information
----- who forced you to read my post????? If you dont belive you can easliy ignore my post . did not you read the disclaimer in my post?? I post what I belive and my intent is not to provide wrong info to others. I never claimed that I am expert or always correct, I may be wrong 40- times out of 100. one should belive in his her lawyer and not in my post. The day Immigration portal stops me posting I will stop posting till that time you can always ignore my posts.
---------------------------------------
Question: with the above pretext,

1. What happens if the labor gets rejected? Can the person still work for the company until the last day of 7th year expiry ?
--- YES
*** still I am saying YES to it.
-------------------------------------------------------

Once Labor is rejected, the same minute H1b 7th or 8th year is not valid and you loose your H1 status and you can not transfer to any body else too.
------ I dont agree to your above post, if you belive that above is correct then belive it and I doint ask you to provide me any link to law. is that OK???

Good alternate is make another labor cert from some other company as stand by.
---That is always good back up
Good idea is make it Non-RIR, so that it will take 3 to 4 years, you can keep renewing your H1 upto 10 years.
Click to expand...
 

Appeal the denial to BALCA and refile. There is no final decision until BALCA decides the case, therefore the LC is still valid and the H-1 remains valid also.
 
if u r 2 much screwed go out and relax

if you are wcrewed so much from all directions, better leave the country and enjoy your freedom in your home country. that way you will be happier than taking the all around pain here.

friend, sorry for this reply. yes, i would have done the same thing if left in your position
 
I heard the same that 7th-year extension becomes invalid when I-485 is denied. I would be happy if someone points out (with some URL as proof) that this is not the case.

Ginnu, please be willing to back your statements rather than jumping at someone. Nobody has forced us to read your messages... but that does not give you an excuse to post inaccurate info.

 
deepak45 said:
I heard the same that 7th-year extension becomes invalid when I-485 is denied. I would be happy if someone points out (with some URL as proof) that this is not the case.
----- IF I-485 gets denied then 7th year H1 or 8th year H1 is VALID for URL or link to law/regulations/Memo you can ask good lawyer or Search for it. I have the link and I am not posting
Ginnu, please be willing to back your statements rather than jumping at someone. Nobody has forced us to read your messages... but that does not give you an excuse to post inaccurate info.
----- I have NOT posted inaccurate info and if it seems inaccuate info you can always go to your lawyer. USCIS online status also gives wrong info some time, what you do at that time?
read below USCIS gave the wrong info and then corrected it , what excuse you will ask them???
http://www.immigrationportal.com/showthread.php?t=139814
dont blame others, I am not your lawyer, you can ask your lawyer by paying and can always ask what is accurate and what is not.
Click to expand...
 
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Ginnu: you were saying: "I have the link and I am not posting".
However, you did post the link to some error from USCIS!

You have more than 5000 posts and folks tend to believe you now.
You have a responsibility to give correct info as much as possible.

I would like to believe 7th-year H1-B extension remains valid in case I-485 is denied.
However, it is not - based on the info from my employer.
I couldn't find related info on the web.
So, I cannot categorically say one way or the other.

How do you know that 7th-year H1-B is valid after I-485 is denied.
Please share your resource with us.

Otherwise, what's your purpose of categorically ranting some bologne and adding a disclaimer?

If you wanna keep saying, "I have the link and I am not posting".... go fuck yourself.
 
I asked my attorney about possiblity of Labor getting rejected after the fact that 7th H1B extension is approved. In this case will the 7th extension hold good for the entire period of its validity or will be invalid on the day labor gets rejected.

The attorney response was "The USCIS will not withdraw a case that has already been approved under this type of scenario."

What it would mean is, 7th year extension will be valid until the full term of its expiration even if the labor gets rejected.

Do you guys agree with this ?
 
I wonder if this applies to I-485 denial also.

From what I know thus far... 7th-year extension is valid even if I-485 is denied.
However, I do not have any documentation to support this.
 
I am on 7th -H1. I have applied for my 7th H1 on 6/04, only because suspecting my I-140 denial. As expected, my 140 & 485 got denied on 7/04. By the time of 140 & 485 got denied, my H1 not approved, however, it approved a month later 9/04.

After a month, based MTR, my 140 got approved and 485 reinstated.

Per my experience and according to my attorney, I believe, the info from Ginnu is correct.
 
Folks,
Mills and ginnu 1000% CORRECT on validity of H1s



Stop worrying. Once you get H1 approval. It is well and good till expiry date on H1-B no matter what how you got initial approval based on pending LC or sub-LC or LC denied later.

There is no tracking of LC's outcome once H1 aaproved.

You can not get Ext. on DENIED LC in first place.

DO NOT CONFUSE WITH interim EAD/485 it's directly dependant on underlying 140 case.
 
lohith said:
Folks,
Mills and ginnu 1000% CORRECT on validity of H1s



Stop worrying. Once you get H1 approval. It is well and good till expiry date on H1-B no matter what how you got initial approval based on pending LC or sub-LC or LC denied later.

There is no tracking of LC's outcome once H1 aaproved.

You can not get Ext. on DENIED LC in first place.

DO NOT CONFUSE WITH interim EAD/485 it's directly dependant on underlying 140 case.
Click to expand...

Sorry for reviving this thread. I have a question.

I have 8th year H1 approval and my LC has been denied. Can I still transfer it to new employer? I am currenly working (have latest pay stubs) and my 8th year H1 is vaild until Oct 2005.

Thanks in advance.
 
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