Labor related question

musiclover

Registered Users (C)
Hello Gurus,

I realize that this may not be the most appropriate forum for this question but this is my home forum that I visit most often (with 140 pending). I also think there is a higher chance that someone may have been in this situation in this forum.

One of my friends work for a big company in Location A. Their headquarters is in Location B. He is in H1B status curretly with a pending RIR application in EB3 category with priority date of April 2004. There is an opeining in their headquarters Location B that is very similar to his current position. He would like to move from his current job to this new job for a variety of reasons. If he applies for this position and is successful in obtaining it, would he

1) have to apply for a H1B transfer?
2) Lose his labor application and need to start over?

One more issue is that he is closing in on his 5 years of H1. If he has to redo his labor and timing does not work out very well, then he may not have one year of pending labor (don't yet know how PERM would work) to get 7th year H1 extension.

Anyone has been in a similar situation or know someone who has or has any comments please respond.

Thanks.
 
I will attempt to answer this question...but please get an opinion from a professional Attorney.

1> He would have to apply for an amendment to his H1 (about the location)
2> Labor application wont be valid for him anymore, becasue it is location and position based.
 
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