I have a friend who is on his 7th year H1 extension. He just got the approval for 8th year extension, which is valid until May 2005. Our company applied for his labor in Dec 2001 in NJ. Our office in NJ closed in August 2002. Our lawyers just received an RFE from state DOL asking why they published the advertisement in NY Times when our office was in NJ etc. Our lawyers think that the DOL is going to reject the labor application, as we don't have an office in NY/NJ. Here are his concerns:
By staying in current company:
- Will his H1B be valid after they reject the labor?
- Can he apply for his labor in CA (where our HQ is) and get 9th year extension if the labor is still pending?
By joining other companies:
- Can he transfer his H1 (Which is valid up to May 2005) to another company and get an approval until May 2005?
- Can a company who already got an approved labor apply for his I-140 & I-485?
He is getting different answers from different lawyers. Some say he will be out of status once the labor is denied some say he could stay until this H1 expires.
I would really appreciate if you guys could share your thoughts on this.
Best Regards,
By staying in current company:
- Will his H1B be valid after they reject the labor?
- Can he apply for his labor in CA (where our HQ is) and get 9th year extension if the labor is still pending?
By joining other companies:
- Can he transfer his H1 (Which is valid up to May 2005) to another company and get an approval until May 2005?
- Can a company who already got an approved labor apply for his I-140 & I-485?
He is getting different answers from different lawyers. Some say he will be out of status once the labor is denied some say he could stay until this H1 expires.
I would really appreciate if you guys could share your thoughts on this.
Best Regards,