H1B portability with 14 months before extension expires

[MxS]

I currently have an approved LC but am filing for a new LC through PERM (lawyer's recommendation).

My H1 extension has been approved until March 2008.

If I switch employers now through H1 Transfer, I know I can start working for them immediately based upon approved H1, but:
1) If the new company files for my new H1, how long before they can file for LC through PERM?
2) If all goes well and LC is filed within 1 month after H1 transfer (let's say Feb 2007), what are the chances of getting an approved LC before March 2008?
3) How would the March 2008 deadline impact the H1 Transfer?
4) What happens if my current employer cancels/withdraws my approved LC while I'm doing the H1 Transfer?

Has anyone heard of or had another 1 year extension during the last year of their approved H1?

I don't care much about the PD, just about the fact that transferring now could jeopardize the last 6 years I've been waiting.

As always, your comments are appreciated!!

 

[GotPR?]

1) If the new company files for my new H1, how long before they can file for LC through PERM?
2) If all goes well and LC is filed within 1 month after H1 transfer (let's say Feb 2007), what are the chances of getting an approved LC before March 2008?
3) How would the March 2008 deadline impact the H1 Transfer?
4) What happens if my current employer cancels/withdraws my approved LC while I'm doing the H1 Transfer?

Is Mar 2008 the end of 6 year ?

1. I don't understand your question. Please elaborate.
2. Why do you want it approved by Mar 2008 ?
3. Should not affect if Mar 2008 is end of 6 year.
4. If Mar 2008 is end of 6 years, you can still get H1 transfer valid til Mar 2008 irrespective of cancellation of current LC. If you are already in 7th year or beyond, revocation of LC before transfer approval may kill your ability to transfer.

 

[MxS]

My 6 years end in Mar 2007 (around the corner).

I got the additonal 1 year extension based on approved LC when it came time to renew my H1.

1) If I don't go for a H1 Transfer, meaning Company C starts applying as if this is my first Company in the US, the H1 application must be approved, correct? So how long will it take to approve the H1 before Company C can apply for my LC?

2) Mar 2007 is the end of my 6 years, Mar 2008 is the H1 1 year extended approval.

3) March 2007 is end of 6 years.

4) Are you saying that I can still do a H1 Transfer even after my 6 years since I have the H1 extension until Mar 2008? And I guess Company B will know about the transfer, so they could very well cancel the approved LC?

I'm basically trying to find out if I can or should go to a new Company when my 6 year period ends in March 2007 (even though my current H1B is valid until March 2008)?
And if I can, what is the best approach without jeopardizing my current position?

I hope this info helps, and thanks for your comments GotPR!

OOPS!!
Is this post under the right Forum? I'm not here on a Non-Immigrant but on a Immigrant Visa, or doesn't that make a difference just yet?
I am a fulltime employee with my current Company ...

 

[GotPR?]

1) If I don't go for a H1 Transfer, meaning Company C starts applying as if this is my first Company in the US, the H1 application must be approved, correct? So how long will it take to approve the H1 before Company C can apply for my LC?

Company C can apply your LC anytime. You do not even need to be employed by C to file LC.

4) Are you saying that I can still do a H1 Transfer even after my 6 years since I have the H1 extension until Mar 2008? And I guess Company B will know about the transfer, so they could very well cancel the approved LC?

I think if they cancelled LC before your transfer got approved, your transfer may not go through as you have no ground to be in 7th year(it probably is approved til Mar 2007 which is 6 year limit)

I'm basically trying to find out if I can or should go to a new Company when my 6 year period ends in March 2007 (even though my current H1B is valid until March 2008)?

Changing employer in 7th year comes with risk.
The best you can do is asking new company to start PERM process NOW(as it takes a few weeks to run AD before filing LC) as well as transfering H1 to them.
This allows you to stay beyond 8th year.

 

[MxS]

Thanks again for your comments GotPR!

So let's say Company C applies for my H1 and then LC in Jan 2007, Company B does not have to be notified and my current LC process will not be impacted?

What risks are involved applying during the 7th year?

So if Company C moves really fast and gets everything for H1 and LC through PERM done in about 6 months, can I get an 8th year extension with Comany C?

Do you have any links/references that I can refer to, and point out to Company C, about filing (changing employer) this late?

Thanks!

 

[GotPR?]

So let's say Company C applies for my H1 and then LC in Jan 2007, Company B does not have to be notified and my current LC process will not be impacted?

There is no impact on B's LC.

What risks are involved applying during the 7th year?

if you could not file LC by Mar 2008 and B cancelled their LC, you lose ability to extend H1 beyond Mar 2008. You need to remember that PERM requires to run AD before filing. I don't remember how long, but it's at least a few weeks.
you need to plan accordingly to file PERM before Mar 2007.

So if Company C moves really fast and gets everything for H1 and LC through PERM done in about 6 months, can I get an 8th year extension with Comany C?

Approved LC won't give you much for 8th year. Requirement is you have LC of 365 days old or approved I-140 as of Mar 2008 to get 8th year H1.

 

[MxS]

Approved LC won't give you much for 8th year. Requirement is you have LC of 365 days old or approved I-140 as of Mar 2008 to get 8th year H1.

So if I don't have a pending LC of more than 365 days before March 2008 with Company C, but Company B does apply for the 8th year extension and it's approved, that means I could stay on in the US based upon the 8th year H1 approval, and then let my pending LC with Company B run until it's longer than 365 days, or I get the I-140 through Company C?

Many, many thanks for this valuable information GotPR!!
So much appreciated!!

 

[GotPR?]

So if I don't have a pending LC of more than 365 days before March 2008 with Company C, but Company B does apply for the 8th year extension and it's approved, that means I could stay on in the US based upon the 8th year H1 approval,

Yes, but above example is the case that B filed extension, and no transfer is done by C, so you can stay only at B. To work for C, you have to transfer your H1.

and then let my pending LC with Company B run until it's longer than 365 days, or I get the I-140 through Company C?

Well, you got 7th year extension, right ? it means LC with B is already 365 days old.

 

[MxS]

Yes, but above example is the case that B filed extension, and no transfer is done by C, so you can stay only at B. To work for C, you have to transfer your H1.

So you're saying that I can only do a transfer from B to C, and not let C apply for a separate H1 and LC while I stay with B?

Well, you got 7th year extension, right ? it means LC with B is already 365 days old.

Well, I have an approved but "no-good" LC with Company B, upon which my 7th year extension was granted/approved. We're now in the process of filing for a new LC through PERM with B, but B is taking it's time.

So with the approved but "no-good" LC with B, and a new LC in progress with B, I can do a transfer to C, but only if B does not Cancel my LC with them?

B won't like it at all if I transfer to C ... so I want to go to C without jeopardizing my current position, if at all possible at this late stage.

Thanks again for being so patient in helping me out!!

 

[GotPR?]

I'm getting cofused.

Just to get the fact straight, answer the following questions and i can tell you what to do exactly.
1. When did B file your LC ?
2. When do you want to transfer to C ?
3. When will H1 with B expire ? Is that 6th year end ?

 

[MxS]

I'm getting cofused.

Just to get the fact straight, answer the following questions and i can tell you what to do exactly.
1. When did B file your LC ?
1st LC approved thru RIR in 01/2006 but it's no good according to laywer.
New LC in progress thru PERM; not yet filed.
2. When do you want to transfer to C ?
asap.
but without having B cancel/withdraw my current papers.
3. When will H1 with B expire ? Is that 6th year end ?
My 6 years end in 03/2007.
I have approved H1 Extension 'til 03/2008.

Thanks again!

 

[GotPR?]

YOu have apprved LC which is more than 365 days old, and you used it to get 7th year extension.

If I were you, I'll ask C to prepare for PERM NOW(even before filing H1 transfer) and make sure they file PERM in Feb 2007 at the latest, so that your LC will be 365 days old in Mar 2008 when H1 will expires and you will get 8th year based on LC with C.
This guarantees your 8th year even though B cancelled your 1st LC which is already 365 days old.
And at the same time, ask C to transfer your H1. I wouldn't recommend to quit B before H1 transfer gets approved, because you may not get 7th year if B cancels LC before your H1 transfer gets approved. File transfer with premium processing.

 

[MxS]

YOu have apprved LC which is more than 365 days old, and you used it to get 7th year extension.

If I were you, I'll ask C to prepare for PERM NOW(even before filing H1 transfer) and make sure they file PERM in Feb 2007 at the latest, so that your LC will be 365 days old in Mar 2008 when H1 will expires and you will get 8th year based on LC with C.
This guarantees your 8th year even though B cancelled your 1st LC which is already 365 days old.
And at the same time, ask C to transfer your H1. I wouldn't recommend to quit B before H1 transfer gets approved, because you may not get 7th year if B cancels LC before your H1 transfer gets approved. File transfer with premium processing.

Thanks so much for your very helpful comments (and good news)!!!

Just a few more Qs then I should have enough to approach C

So let's say C processes the LC and files in Feb 2007, my 365 days start since the LC with C is pending, correct? Meaning it doesn't have to be an approved LC of more than 365 days that will get me an 8th year extension? Unless the LC is denied off course

Then, once C gets an approved LC, C can start the H1 Transfer, and once the H1 Transfer is approved (upon receipt notice - I've seen posts on this topic), I can start working for C.

In the case of a H1 Transfer, does the new LC with C have to be the same or similar to the LC with B, or can they be different (i.e. two different positions/job descriptions)?

Are there any (serious) risks invovled or to be considered doing it the way you suggested? just want to be prepared

 

[GotPR?]

So let's say C processes the LC and files in Feb 2007, my 365 days start since the LC with C is pending, correct? Meaning it doesn't have to be an approved LC of more than 365 days that will get me an 8th year extension? Unless the LC is denied off course

No need to be approved. LC must be FILED 365 days prior to H1 expiration.

Then, once C gets an approved LC, C can start the H1 Transfer, and once the H1 Transfer is approved (upon receipt notice - I've seen posts on this topic), I can start working for C.

Approved LC won't give you anything. You can run LC and H1 transfer in parallel.

In the case of a H1 Transfer, does the new LC with C have to be the same or similar to the LC with B, or can they be different (i.e. two different positions/job descriptions)?

Not necessary the same, but your educational background must support your LC otherwise it will be denied.

Are there any (serious) risks invovled or to be considered doing it the way you suggested? just want to be prepared

not much, but you have to remember that your old PD will be lost.