Help - 7th Year Company Change

[ray6855]

I am little confused in 7th year company transfer, so please advise.

If One were to change compnay after getting 7th year extension for 1 year. Then wouldn't he be automaticallu qualified for 1 year extension for each year thereafter AFTER PERM aproval till he obtains 140 approval then start 3 year extensions.

I was always under impression that within one year you have to have labor/PERM aproved after making the switch then don't worry if 140 doesn't gets aproved, just keep on getting 1 year extensions till 140 is aproved then start 3 years.

Thx for any comments / corrections.

 

[ginnu]

I am little confused in 7th year company transfer, so please advise.

If One were to change compnay after getting 7th year extension for 1 year. Then wouldn't he be automaticallu qualified for 1 year extension for each year thereafter AFTER PERM aproval till he obtains 140 approval then start 3 year extensions.

I was always under impression that within one year you have to have labor/PERM aproved after making the switch then don't worry if 140 doesn't gets aproved, just keep on getting 1 year extensions till 140 is aproved then start 3 years.

Thx for any comments / corrections.

post your situation:
LC filed date,
LC approved or not
employer A filed you LC or B
at present you are with A or B
I-140 filed date
I-485 filing date
is I-140 approved

** LC pending more than 1 year one can get H1 extension for one year it can be 7th year or 8 th year.
I-140 approved and unable to file I-485 one can get H1 extension for 3 years

 

[ray6855]

Thx ginnu for your time

LC filed 8/18/04 - Not aproved still in PBEC, no 45 day letter.

( 6 years expired and I just started on my 7th year, which expires May 2007)

My current employer had filed in NY state in on-RIR, which seems to be last one the list as non RIR for NY haven't started ( seeing tracker/forums) for Jan 2002 let alone Aug 2004.

I haven't had talks about my GC status situtation in detail with new employer B, but they say they will start/process GC for me, which means PERM to start.

So I am in a dilema to stay with existing employer with no sight of GC in next 6-8 years as non-RIR hasn't even started for Jan 2002, let alone Aug 04. Or join B have perm filed and hopefully aproved and then keep getting 1 year extensions till 140 gets aproved and then 3 three years there after.

I do want to make to the switch but its just that the current scenario is way to bad to hang on to it, atleast with new, I might have PERM and well as 140 aproved and wait for PD to be current to file 485.

Thx very much for your time and advise.

 

[ginnu]

Thx ginnu for your time

LC filed 8/18/04 - Not aproved still in PBEC, no 45 day letter.

( 6 years expired and I just started on my 7th year, which expires May 2007)

My current employer had filed in NY state in on-RIR, which seems to be last one the list as non RIR for NY haven't started ( seeing tracker/forums) for Jan 2002 let alone Aug 2004.

I haven't had talks about my GC status situtation in detail with new employer B, but they say they will start/process GC for me, which means PERM to start.

So I am in a dilema to stay with existing employer with no sight of GC in next 6-8 years as non-RIR hasn't even started for Jan 2002, let alone Aug 04. Or join B have perm filed and hopefully aproved and then keep getting 1 year extensions till 140 gets aproved and then 3 three years there after.

I do want to make to the switch but its just that the current scenario is way to bad to hang on to it, atleast with new, I might have PERM and well as 140 aproved and wait for PD to be current to file 485.

Thx very much for your time and advise.

X is working with employer A
Employer A filed LC under RIR in NY on 8/18/04 and pending
X got 7th year H1 extension filed by employer A and working with A
7th year H1 is valid till May 2007
X wants to join employer B on H1 and thinks that B will file LC through PERM (he should make it clear when the new employer will file PERM because it takes time to file)
X thinks that if B files LC through PERM and if PERM gets approved he will be getting extension of H1, that is wrong info, for extension of H1 based on LC one needs LC to be PENDING, if you think that your old LC will be still pending before May 2007 then B can also file 8th year H1 extension on the base of pending LC of employer A (if employer A does not revoke the LC)

*** Through PERM you will have new PD of 2006 if approved and I think they will file in EB3 and you have pending LC with PD of 2004. PD of 2006 or PD of 2004 you have to decide what is better for you and nobody knows how PD is going to move and I don’t know your country of birth and don’t know if pending LC is EB3 or EB 2

 

[ray6855]

ginnu

thanks for your reply, but how does extension comes into play when the labor gets aproved and you are in 7th year.

Is it > 365 days which solely forms basis for 7th, 8th.... year yearly extensions or is it just aproval.

You mention LC has to be PENDING to get extension, which I assume is > 365 days. but once LC/PERM aproved, you file 140 and if 140 doesn't gets aproved within H1 expiry date then isn't candidate eligible for another years extension.

if PERM has be filed > 365 days for being eligible for yearly extensions then its immaterial whether PERM gets aproved in 3 weeks or 9 months, right?

Thx very much for your time and consideration.

 

[ginnu]

ginnu

thanks for your reply, but how does extension comes into play when the labor gets aproved and you are in 7th year.

Is it > 365 days which solely forms basis for 7th, 8th.... year yearly extensions or is it just aproval.
------------ LC PENDING more than 365 days
You mention LC has to be PENDING to get extension, which I assume is > 365 days.
but once LC/PERM aproved, you file 140 and if 140 doesn't gets aproved within H1 expiry date then isn't candidate eligible for another years extension.
------- yes

 

[immiq]

post your situation:
LC filed date,
LC approved or not
employer A filed you LC or B
at present you are with A or B
I-140 filed date
I-485 filing date
is I-140 approved

** LC pending more than 1 year one can get H1 extension for one year it can be 7th year or 8 th year.
I-140 approved and unable to file I-485 one can get H1 extension for 3 years

But, how about the third situation: I-140 approved while I-485 is pending due to the visa backlog? Can one get H1 extension for 3 years or one year and why? Do you know it?

 

[ginnu]

But, how about the third situation: I-140 approved while I-485 is pending due to the visa backlog? Can one get H1 extension for 3 years or one year and why? Do you know it?

------ you can read the June AC21 Memo and will find answer to your questions

 

[immiq]

------ you can read the June AC21 Memo and will find answer to your questions

I can’t find it for that specific situation. If you know the answer, why can’t you provide the answer to that situation? Maybe you are not sure so have to duck. Does anyone know the answer? How many years can one request to extend his post 6 years H-1B during I-485 pending, one or three and why?

 

[saathia]

I think if I-485 pending one can get only 1 year extension. that is what one of my friend has got and his lawyer is good.
for your why, i dont have answer you need to read Memos from CIS or go to your lawyer

 

[immiq]

Do not say I think if you are not sure. I have seen the same case but different result. Be careful when you shop around for the free info. The free info may be just borrowed from there to here. So the spreader never knows why.

 

[saathia]

Do not say I think if you are not sure. I have seen the same case but different result. Be careful when you shop around for the free info. The free info may be just borrowed from there to here. So the spreader never knows why.

Why I should not say, “I think”? I have the right to say,” I think". You can’t stop my thinking. You may have seen different results because every case is different and filed by different lawyer. I am not shopping for free info it is you who is shopping for free info. You have posed questions and want others to reply to your’ why.’ Yes, free Info posted is here is borrowed, read on other lawyer sites, Memos posed by CIS H.Q. and many have researched it. Members who post here are not lawyers and they try to help each other with borrowed info or read by them somewhere, nobody forces you to read the info and you can ignore them if the info is not good for you. FYI what are you doing reading borrowed info? You can hire your lawyer and can know answer to you ‘why’ and can post the info for others that you will borrow from your lawyer.

 

[immiq]

Why I should not say, “I think”? I have the right to say,” I think". You can’t stop my thinking. You may have seen different results because every case is different and filed by different lawyer. I am not shopping for free info it is you who is shopping for free info. You have posed questions and want others to reply to your’ why.’ Yes, free Info posted is here is borrowed, read on other lawyer sites, Memos posed by CIS H.Q. and many have researched it. Members who post here are not lawyers and they try to help each other with borrowed info or read by them somewhere, nobody forces you to read the info and you can ignore them if the info is not good for you. FYI what are you doing reading borrowed info? You can hire your lawyer and can know answer to you ‘why’ and can post the info for others that you will borrow from your lawyer.

Because “I think” is not reliable and may mislead others. That’s why the replier including “I think” cannot know and is unable to know why. It is very important for everyone to pick the info from those who actually do not know why but only spread the unreliable info based on such as “I think”.