H1b Transfer Issue - Some Advice Please

H

H1B6year

New Member
I entered US April 15, 2001 and have been employed with company A. In 2003 and 2004, I spent (through company A) about 1 year in London and hence I got my 6 year H1B validity till April 15 2008 ( as I could reclaim 1 year in time spent outside USA) . I also secured Labor certification and I-140 through company A.
In August 2006, I moved from company A to company B. Since I already had labor certification and I-140 approved, I could get a 3 year extension during my H1B Transfer . Currently, I have Aug 2009 for my H1B
Company B has told me a week ago that due to some change in policies, they have decided NOT to apply for my labor . I would like to quit company B . I am now interviewing actively and may be getting a job offer from company C very soon.

If I transfer my H1B from company B to my new employer C, what will be my new validity date for H1B Expiry? Will it be August 2009(as that is what my current I 797 -" notice of action" reads) or will it be April 2008 (my original expiry of 6 year H1B visa)

Can some body please clarify since this is really giving me a lot of tension. I would like to quickly move to company C and start the green card process before it is too late

Thanks in advance for the expert guidance

Regards
 
As far as you have valid LC and I-140 with A(meaning it was not revoked nor substituted to anyone), you should be able to get H1 til 2009.
Move to C, file PERM and try to make I-140 approval before H1 expiration.
 
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H1B Transfer issue- Some advice please

Thank you Sir for your suggestions

I am trying to ascertain this with my company A ... Just in case , my LC and I-140 are revoked by A, does it mean that I would get my H1B extension only till April 2008 ( the completion of my original 6 year term)

In that case, do I need to file for Labor (PERM) through company C before April 2007 if I want to get a 7th year extension beyond April 2008?

Thanks again for your suggestions and appreciate you guiding people like us

Very best Regards
 
H1B6year said:
In that case, do I need to file for Labor (PERM) through company C before April 2007 if I want to get a 7th year extension beyond April 2008?
Click to expand...
If LC and I-140 got revoked before April 2007, you won't be able to get 7th year extension unless you have approved I-140 with B. That is pretty difficult to achieve as it takes some time to file PERM and subsequent I-140.
Make sure A won't scrap LC and I-140.
 
Dear Sir

Good day to you

Thank you once again for taking the time out and providing me with a reply. Appreciate it very much

Just to re-clarify , since my 6 year time frame ends on April 2008 (because of recapture of days), assuming that LC and I-140 are revoked by A immediately , is it a correct statement that I should get my H1B Transfer expiry date (through C) at least till April 2008 ?

Hopefully, this time would be enough for me to move to company C and apply/ secure approval for labor and I-140 (through PERM) before April 2008?? thereby assuring continued stay in US

Is this assumption correct ?

Thanks again for your patience with my query

Best regards
 
H1B6year said:
Just to re-clarify , since my 6 year time frame ends on April 2008 (because of recapture of days), assuming that LC and I-140 are revoked by A immediately , is it a correct statement that I should get my H1B Transfer expiry date (through C) at least till April 2008 ?
Click to expand...
Sorry, I misunderstood your situation. If your 6th year is up in April 2008, revocation of LC and I-140 by A won't affect your ability to extend beyond 6th year as long as you meet one of the following condition.
1. LC with B is more than 365 days old in April 2008.
2. I-140 with B is approved before April 2008.
 
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