Job change on 8th year of H1

T

tmhossain

New Member
Hi,

I am on my 8th year of H1. My labor certificate (Traditional Case) was applied in 2003 and it's now in the recruitment process.

There may be a layoff in my company (say company A) which may affect me. Now I have an offer pending from another company (say company B).

Now can I move from company A to company B at this stage? The reason I get extension of H1B with company A is because of the fact my labor certification is pending for more than one year.

If there is any way to transfer H1 after 6th year, then please let me know.

Thanks

Tas
 
Job change possible with some restrictions ...

Hi.

You should be able to change employers provided the following conditions are met:

1. For immediate job change to new employer: You should have a labor application pending with ANY employer for over a year at the time of filing for an H1 in the 7th year or beyond. In your case, this condition will be met.
2. continued employment with new employer: You have to ensure that you have a labor application pending with ANY employer for over a year at the time of filing for subsequent H1 renewals. In your case, this would require your current employer to keep your labor application "alive" when it comes time to file the 9th year H1 renewal. Your new employer should file for a labor ASAP so if you do not want to depend on the current employer's labor filing. But for the 9th year renewal, you might have to depend on the current employer's labor filing remaining "active".

Remember that H1 renewals after the 6th year are always exactly for a year from the date expiry of the 6th year H1. For example, my 6th year H1 expired on 2/27/2004. My current employer had filed for labor on 2/23/2003. Now I am in 10th year with H1 expiring on 2/27/2008. If I were to switch employers, the labor filed by my current employer would be sufficient to get H1 with new employer but it would only be valid until 2/27/2008. For future H1 starting from 2/28/2008, I would need to have my current employer's labor pending. Even if the new employer were to file for a new labor for me, it would not help in the filing for renewal beyond 2/28/2008 since that new labor would not have been pending for a year. The new labor can be used for H1 filing for 2/28/2009, but for 2008 I need the current employer's labor.

This is how I understand it from my current immigration lawyer. You should consult with an immigration attorney before making a decision either way.
 
Job Type

Would it matter if the job role/title changes for the new job? Can you still move in to the new job with pending labor from a previous employer? Please advise.
 
Well,

Let me take a stab at your question. While I currently have my green card, I was considering similar situation. While you are on H1 you can always change jobs, as long as jobs are similar. Now, I understand that might be vague, but good lawyers can work miracles and from what I understand as long as it is in the same industry INS is not too strict.

Let's assume that you switch. The big questions is what would you do when your extended H1B expires. In order to renew with you new employer, you need to have Labor Certificate pending more than 365 days or I-140 approved. Assuming the 365 days is not an option, do you have enough time to get all the way to I -140? Well, with the new premium processing it is possible but not guaranteed..

Here is a bonus, you can claim back time on H1B that you have spent outside the country. Usually. periods of more than one month during which you were outside the country. I have done it, and it is certainly not so hard.. Does it make a difference? It did in my case.

Overall, I would just be really careful and "measure ten time before you decide to cut"...Your current employer can help you in many ways even if they decide to lay you off. As long as you are with them they can assist you. Once you decide to leave, your options are limited + outcome not always certain.

Best of luck,

Niki
 
job change in 7th year without labour

I've almost same kind of situation.

Would you please help me out.

I got terminated in my 7th year of H1 visa.

Joined new company and filed for premium processing visa transfer.

But got telephonic automated message that my transfer got denied, new employer is still waiting for this answer on paper from CSC.

Here is the chronogical dates orders.

(1) 02 / 23 / 2007 -- Got laid off
(2) 02 / 26 / 2007 -- joined new employer -- started working on the same day
(3) 03 / 06 / 2007 -- new employer filed my visa transfer under premium processing.
(4) 03/12/2007 - got RFI
(5) 03/27/2007 -- Old employer withdraw my h1 and filed labour too.
(6) 05/23/2007 - replied to RFI with all documents.
(7) 06/04/2007 - telephonic message got updated with my case denied and send decesion to new employer. But new employer has not received paper in his hand yet.

My question is here, new employer has filed my visa transfer before old employer withdraw my h1 and labour. Do you think this could be reason of my denied ? If not, then i can request laywer to appeal on the same dates chronological order if this helps.

Please advise me.
 
guys here is an interesting scenario ,you guys will love this.

I was on 8th year and got terminated in june , I asked my new employer to apply thru a premium, I also came to know that my vindictive previous employer withdrew my pending labor certificate.

We decided to produce a proof of previous labor through the receipt I got from the state workforce agency that was initiated at the very beginning , this did the trick and I got my h1 extension.:)
 
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