Help! Can I get H1B 7th year with another company when I140 pending?

E

EricS

Active Member
Hi,
I am in a very difficult situation. Following is the time line.

H1B start July 1999
Joined this current company in Oct 2001.
LC applied (from NJ) in Oct 2001 for 65K.
LC approed in Nov 2003 for 80K.
I-140 and 485 applied in May 2004. Life seems good? but no.
(My details are also in VSC 2004 Consolidated teacker.)

As you may know there are so many RFEs and denials now a days due to Ability to pay issue after Yates memo. I asked for tax returns and other supporting documents from my company.

After consulting with Lawyer and CPAs, it looks like my 140 will most likely be denied (I also consulted with Unitednations and want to thank him for his suggestions and help). The company only has 25K profit in 2001 and my Pay is mere 5K for 2001 from this company as against 80K approved. I am still going to fight it but that is not my question here.

My question is, as I am already in my 6th year of H1B, what are my options if I join another company and file a new LC?

This is what I am thinking, please let me know if this will work.

Option 1:
> Wait till Feb 2005 with current company. At that time I will be able to file my 7th year extension from this company (6 months prior to completing H1B 6 years in July 2005).

> File this extension with premium processing. After getting this extension, transfer H1 to new company and file a new labor from that company. Now, I do not know if that 7th year will also be transerred to new company or not. Please let me know if anyone has done this or you think this will work or not work?

Option 2:
> Right now transfer H1 to a different company and also request a 7th year extension based on pending 140, as labor was filed in Oct 2001 in my name. Is it possible to get such a transfer and extension approved?

Please tell me if there is any other option also. My current employer is ready to help in any way he can.

Thanks in advance for your help and suggestions.

Eric
 
Last edited by a moderator:
Has anyone changed employer while in 7th year of H1, do the extension also get transfered?

Thanks,
Eric
 
EricS said:
Has anyone changed employer while in 7th year of H1, do the extension also get transfered?
----------- I am Sorry I could not understand your question. the anwer is YES if you mean to file 7th year H1 extension based on pending LC 365 days( from ANY employer),or I-140 pending or pending I-485 and once that 7th year H1 extension gets approved you CAN transfer that H1 extension with new employer.
Thanks,
Eric
Click to expand...
 
Help! Can I get H1B 7th year with another company when I140 pending

Ginnu,
Thanks for your reply. You clearly understood my question.
> Is my understanding correct that I can file for 7th year extension 6 month prior to completing 6 years?

>I have one more request, can you please look at my 1st post in this thread and tell me if I should go with option 1 or option 2.

Thanks in advance,
Eric

 
EricS said:
Ginnu,
Thanks for your reply. You clearly understood my question.
> Is my understanding correct that I can file for 7th year extension 6 month prior to completing 6 years?
------ YES if your LC is pending more than 365 days and you have evidence of LC filing and evidence is the reciept of LC filing that lawyer gets after LC filing with SWA or SESA, ask the copy of reciept of LC filing that will have date LC recieved, your name on it, employer name on it and case #
>I have one more request, can you please look at my 1st post in this thread and tell me if I should go with option 1 or option 2.
-----you can go with Option 1 and same time find any employer to file LC for you ASAP as back up( any employer can file LC for you it is NOT needed that you should be working with them when LC is filed), you can go with option 2 file H1 transfer based on pending I-140 but risk is that your past employer may revoke/cancell/withdraw your I-140 at this time, go for second option ONLY if past employer is not going to withdraw the I-140
Thanks in advance,
Eric
Click to expand...
 
You must log in or register to reply here.
Top