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Help - 8th year extension, labor pending
- Thread starter antny
- Start date
If the pending labor petition based on which you are getting H1 extn's beyond 6 years is denied, technically you cannot seek further H1 extn's based on it.
However you can appeal the denial and seek H1 extn's pending the result of the appeal. They take their own sweet time to adjudicate on the appeal. I personally know of two people who's appeal has been pending for over two years.
While the appeal is pending and your H1 extn is granted you can start a fresh labor petition in PERM for a different position in the same company or change you employer and start a new labor petition (so that you can count the experience from your previous company).
Also explore the possibility of finding a matching pre-approved labor petition so that you can gain some time with respect to the priority date. If you are lucky you may be able to concurrently file I-140 & I-485 subject to the priority date on the pre-approved labor being current with respect to retrogression. Pls. double check this piece of advice if substitutions are still allowed. There was a discussion some time back indicating that labor substitutions may be done away with to curb the rampant practice of selling pre-approved labors in black market but I am not sure if it ever actually took effect. In any case labor substitutions are always tricky and subject to intense scrutiny.
However you can appeal the denial and seek H1 extn's pending the result of the appeal. They take their own sweet time to adjudicate on the appeal. I personally know of two people who's appeal has been pending for over two years.
While the appeal is pending and your H1 extn is granted you can start a fresh labor petition in PERM for a different position in the same company or change you employer and start a new labor petition (so that you can count the experience from your previous company).
Also explore the possibility of finding a matching pre-approved labor petition so that you can gain some time with respect to the priority date. If you are lucky you may be able to concurrently file I-140 & I-485 subject to the priority date on the pre-approved labor being current with respect to retrogression. Pls. double check this piece of advice if substitutions are still allowed. There was a discussion some time back indicating that labor substitutions may be done away with to curb the rampant practice of selling pre-approved labors in black market but I am not sure if it ever actually took effect. In any case labor substitutions are always tricky and subject to intense scrutiny.
Jugunu64 said:change you employer and start a new labor petition (so that you can count the experience from your previous company).
I'm on 9Th year extension can I transfer H1B to another employer?
Thank you
Hello,
I have similar situation and need advice:
1. I am currently in 7th year of H1b, 7th year extension with company A is valid till Apr 2008. My immigration was filed by company A in Dec 2003, still pending labour certification. Question: Can I transfer my H1b to company B who are willing to hire me?
How long does it take to get H1b approval (expedited/fast process)?
2. Company B is willing to hire and process my immigration in expedited manner. What are the important points that we should be careful about? eg; I understand that in this situation, new immigration case will be filed with company B, so does it need to be filed before Apr 03, 2007? to keep a 1 year window between H1b expiration so that there are no problems in further H1b extensions if needed. Anything else?
3. The new position with company B is a Sr/Lead position, since I have over 6 year experience now and have a MS degree, does this qualify me under EB2 process? Approx How long does it take for new immigration case to be completed (till EAD), under EB2 or EB3 categories?
Thanks.
I have similar situation and need advice:
1. I am currently in 7th year of H1b, 7th year extension with company A is valid till Apr 2008. My immigration was filed by company A in Dec 2003, still pending labour certification. Question: Can I transfer my H1b to company B who are willing to hire me?
How long does it take to get H1b approval (expedited/fast process)?
2. Company B is willing to hire and process my immigration in expedited manner. What are the important points that we should be careful about? eg; I understand that in this situation, new immigration case will be filed with company B, so does it need to be filed before Apr 03, 2007? to keep a 1 year window between H1b expiration so that there are no problems in further H1b extensions if needed. Anything else?
3. The new position with company B is a Sr/Lead position, since I have over 6 year experience now and have a MS degree, does this qualify me under EB2 process? Approx How long does it take for new immigration case to be completed (till EAD), under EB2 or EB3 categories?
Thanks.