H1B transfer to my client

S

splcase

Registered Users (C)
Hi,

I have another 1.2 years left in my H1B. My client has offered me to join them directly and I am very interested in the offer. They agreed to do Premium processing of my H1. But they might do my GC in non-rir. I got 2 month time left before my last 365 days to start. Will I be able to do premium processing and file my GC before Jan 2005. Please let me know.

Thank you
 
splcase said:
Hi,

I have another 1.2 years left in my H1B. My client has offered me to join them directly and I am very interested in the offer. They agreed to do Premium processing of my H1. But they might do my GC in non-rir. I got 2 month time left before my last 365 days to start. Will I be able to do premium processing and file my GC before Jan 2005. Please let me know.

Thank you
Click to expand...

This is my opinion and I am not a lawyer.

There is a premium processing for H1B and you can do that. But that has nothing to do with your GC.
To be safe to have 7th year extension, you need to show your labor certification was filed 365 days prior to starting of your 6th year. Does not matter if LC is RIR or non RIR. I will suggest, go ahead and file for H1 (you do not need premium processing) and also ask them to file LC. Remember, you can join them as soon as you/lawyer gets the H1 receipt (usually within a week). You can file LC even without joining them, i.e. right now, provided they are willing to do so.
Best of Luck!
 
Trouble in filing GC/LC Non RIR

splcase said:
Hi,

I have another 1.2 years left in my H1B. My client has offered me to join them directly and I am very interested in the offer. They agreed to do Premium processing of my H1. But they might do my GC in non-rir. I got 2 month time left before my last 365 days to start. Will I be able to do premium processing and file my GC before Jan 2005. Please let me know.

I think for GC / Labor certification you will be in trouble. To file Non-rir, you have to float advt 3 - 6months depends on where your company is located. Untill then you can not file your Labor certification. In this case your LC may not be 365 days old at the time you will apply for 6th year extn.


Thank you
Click to expand...
 
Does non-rir needs advertisement?


This is the first time I am hearing that non-RIR needs advertisement. Is this true? Could you direct me to any information on WEB?
 
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