H1B transfer during 7th year

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
 
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 ????
----------------- you can get 8th year H1 if LC is pending more than 365 days and you have Evidence of LC filing(SWA reciept copy) more than 365 days of any employer and that employer does not cancell the pending LC.
The new company says that they would file PERM as soon as I join them.
------------- it will take 2-3 months to file the LC in PERM and new employer may file in EB3 and at this time rejection is very high through PERM and you will NOT have the early PD of March 2nd 2004 for your GC. FYI many lawyers are saying that in future for EB3 it may take long time to get GC and some have said EB2 may also backloged. you need to think again before taking decision to join new employer
Could anyone please respond to this??

Thanks a lot
 
Top