Labor filing and H1 Extension
I’m on H1B. My 6 years on H1 is getting over on June 10, 2006. I’ve already applied for my Labor petition in EB3 category in Sept 2004 with a company A. Now I want to switch and join company B because it’s getting very difficult to continue working at company A.
I’m really in a fix and don’t know what is the right thing to do as far as my GC processing is concerned. I’ve couple of questions about my situation and I would appreciate a lot if anybody can answer them.
1) I join Company B very soon and apply for labor via PERM before June 10, 2005 (so that I still have more than 1 year left on my H1), hopefully I would get my labor cleared in 3 months and then apply for I-140 and if that also gets cleared before June 2006, then I still won’t be able to file I-485 ( because of EB-3 retrogression and my late priority date ), then would I be able to get my H1 extended for 7th and 8th years based on my I-140 approval ? Please keep in mind that at that moment I won’t have any application pending, which I think is one of the criteria to get H1 extension beyond 6 years.
2) I join company B a little later and so file for my labor via PERM after June 10, 2005, so I don’t have more than 1 year left on my H1. Again I would get my labor cleared in couple of months and then go ahead and file for I-140, this I-140 might get cleared or may be pending by June 2006 , the question is in either of these cases ( pending or cleared I-140) would I be able to get 7th and 8th year extension on H1.
Can anybody please guide me on this. I need it urgently.
I’m on H1B. My 6 years on H1 is getting over on June 10, 2006. I’ve already applied for my Labor petition in EB3 category in Sept 2004 with a company A. Now I want to switch and join company B because it’s getting very difficult to continue working at company A.
I’m really in a fix and don’t know what is the right thing to do as far as my GC processing is concerned. I’ve couple of questions about my situation and I would appreciate a lot if anybody can answer them.
1) I join Company B very soon and apply for labor via PERM before June 10, 2005 (so that I still have more than 1 year left on my H1), hopefully I would get my labor cleared in 3 months and then apply for I-140 and if that also gets cleared before June 2006, then I still won’t be able to file I-485 ( because of EB-3 retrogression and my late priority date ), then would I be able to get my H1 extended for 7th and 8th years based on my I-140 approval ? Please keep in mind that at that moment I won’t have any application pending, which I think is one of the criteria to get H1 extension beyond 6 years.
2) I join company B a little later and so file for my labor via PERM after June 10, 2005, so I don’t have more than 1 year left on my H1. Again I would get my labor cleared in couple of months and then go ahead and file for I-140, this I-140 might get cleared or may be pending by June 2006 , the question is in either of these cases ( pending or cleared I-140) would I be able to get 7th and 8th year extension on H1.
Can anybody please guide me on this. I need it urgently.
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