I140 with AAO, H1 7th year, New offer

[marooti]

Hi all,
My I140 was denied and is with AAO since Dec 6th 2004. My 7th year H1 is valid until Feb 2006. I also applied for my 2nd labor, just to be on a safe side, in June 2004.

Unsatisfied with all the immigration lawyers I have had, I consulted a new lawyer who told me that I should leave my present company for whom I am working since past 6.2 years and use the experience gained with them to file a new labor under PERM. This way I will have a total of 10yrs of experience.

Now, I have an offer from the present client I am working for. My question to the Gurus is .... Should I make a move to leave my consulting company for which I have worked for past 6+ years? I am pretty confident that the consulting company will let me use the Labor filed in June 2004 for my 8th year extension.
Another question is what are the chances of labor denial under PERM if I have 10 years of experience to show and have 3yrs bachelors degree from india.

Any help to solve my delima is greatly appreciated.

Thanks-

 

[bcis]

Hi all,
My I140 was denied and is with AAO since Dec 6th 2004. My 7th year H1 is valid until Feb 2006. I also applied for my 2nd labor, just to be on a safe side, in June 2004.

Unsatisfied with all the immigration lawyers I have had, I consulted a new lawyer who told me that I should leave my present company for whom I am working since past 6.2 years and use the experience gained with them to file a new labor under PERM. This way I will have a total of 10yrs of experience.

Now, I have an offer from the present client I am working for. My question to the Gurus is .... Should I make a move to leave my consulting company for which I have worked for past 6+ years? I am pretty confident that the consulting company will let me use the Labor filed in June 2004 for my 8th year extension.


Then it may not be a problem. if consulting firm supports then you can entertine AAO decission(if Possitive) also bSide to 8 th year exten



Another question is what are the chances of labor denial under PERM if I have 10 years of experience to show and have 3yrs bachelors degree from india.


Always this is the issue with 3 year degree because IN Immigration visa requirement it's not possible to substitute 3 year as 1 year education like Non Immigration Visa …..as per AAO earlier proceedings.


Any help to solve my delima is greatly appreciated.

Thanks-

 

[marooti]

Thanks for your response BCIS

I spoke to the company's lawyer today (the client who has offered me a permanent job) and he was saying that the labor should be applied in the 5th year in order to get 7th,8th,9th.... year H1 extension and he sounded very confident. I applied for my 2nd labor in my 6th year (June 2004) as a backup so even if my I140 is completely denied by AAO I have a new process for my GC already initialted. Now my 2nd labor would have been filed for more than 365 days before my 7th year H1 expires in Feb 2006. So, will I not get my 8th year extension on the basis of my 2nd labor?