Help ! My sixth year is ending !!

[swak]

Hello Everyone,

I am on H1 and my sixth year is coming to an end this August (2006). I took sponsorship with a company last August (2005), but they still haven't filed for my Labor Certification. They are saying they'll file it by April end. And since I came to the US in 2000, this company is my third sponsor. So my questions/concerns are:

1. If they file for my LC in April/May, will it be a problem since the H1's expiration date would be just another three months (August 2006)? Would I be out of status?

2. Can I go to any other company and file a fresh H1 with them? In other words, can I have two H1's at the same time?

3. If yes, then can I file for the H1 with the new company without the knowledge of the current company? And also if I need to have a 'visa quota' available for filing the new H1, even though I already have my current H1?

4. Is there a limit (3) on the number of sponsors I can have for my H1 in my six year period or is it ok to have any number of sponsors, provided I maintain my status?

5. Also would there be any legal issues if both the companies file for my LC at the same time?

Thank you all for your time and help.
Have a great day.

 

[EricS]

Hello Everyone,

I am on H1 and my sixth year is coming to an end this August (2006). I took sponsorship with a company last August (2005), but they still haven't filed for my Labor Certification. They are saying they'll file it by April end. And since I came to the US in 2000, this company is my third sponsor. So my questions/concerns are:

1. If they file for my LC in April/May, will it be a problem since the H1's expiration date would be just another three months (August 2006)? Would I be out of status?

Filing LC, even if they do today will not make you stay in the US legally once your H1 is expired. LC does not preserver your status, but if they file LC now and say it gets approved in a month or so and then they apply 140 and it also gets approved, then you may be able to file H1 extension before your H1 expires. Normally, the LC need to be filed 365 days before your H1 6 year expire to be able to file 7th year ext, but if your 140 is approved, you may have a chance for 7th year extension, although your LC was not filed 365 days earlier. Talk to your lawyer and see what he says. Also read the FAQs in this forum about H1 ext beyond 6 years and educate yourself.

2. Can I go to any other company and file a fresh H1 with them? In other words, can I have two H1's at the same time?

This will be called H1 transfer, but the validity of that H1 with new company will also be up to Aug 2006, so not much gain here.

3. If yes, then can I file for the H1 with the new company without the knowledge of the current company?

Yes, you can do so.

And also if I need to have a 'visa quota' available for filing the new H1, even though I already have my current H1?

You can either extend your H1 beyond 6 years (as I mentioned above) and you will not be counted towards H1 cap or you can leave US, stay outside for 1 year and then apply for fresh H1 and you will get another 6 years of H1 limit. In this case you will be counted towards the cap.

4. Is there a limit (3) on the number of sponsors I can have for my H1 in my six year period or is it ok to have any number of sponsors, provided I maintain my status?

You can have as many sponsors in 6 years as you want ( or should I say as many are willing )

5. Also would there be any legal issues if both the companies file for my LC at the same time?

Short answere is NO, there will be no legal issues. The LC is for a certain position within a company and 2 different companies may have 2 similar positions, but I suggest that before you have 2 companies spend money on LC, you should decide where you really want to work.

Thank you all for your time and help.
Have a great day.