labour/7th year extension

sai28

New Member
My company has filed labour for me in April 2003 from NJ. It is not approved yet. My company has been creating lot of problems to me lately. There is a company in Texas, which is willing to file Labour and start green card processing for me now. In this situation I want to take your advice. If I change my Visa to the new company and start the labour process, will it be possible for me to get 7th year extension? What kind of circumstances will I run into?
 
consult an attorney

I am sure you are aware of all the legalities...just like us...you need to make sure that the other company keeps your labor pending and not cancel it. Attorney would need to handle and address special interests in your case.

Usually initial consultations will be free.

sai28 said:
My company has filed labour for me in April 2003 from NJ. It is not approved yet. My company has been creating lot of problems to me lately. There is a company in Texas, which is willing to file Labour and start green card processing for me now. In this situation I want to take your advice. If I change my Visa to the new company and start the labour process, will it be possible for me to get 7th year extension? What kind of circumstances will I run into?
 
sai28 said:
My company has filed labour for me in April 2003 from NJ. It is not approved yet. My company has been creating lot of problems to me lately. There is a company in Texas, which is willing to file Labour and start green card processing for me now. In this situation I want to take your advice. If I change my Visa to the new company and start the labour process, will it be possible for me to get 7th year extension? What kind of circumstances will I run into?


Here is a posting from Attroney Sheela Murthuy's site. Good Luck.

Chat User : Sheelaji, if LC is approved through PERM with the current employer, is it possible to get a 7th-year extension based on an LC pending for more than a year with another employer? Thanks.

Attorney Murthy : The USCIS has stated that they will allow a person to file and obtain a 7th-year extension or beyond based on an LC filed with an employer other than the H1B employer that the person works with at present. So this should work fine. The risk would be if one attempts to file a PERM case with the same employer. Then the Department of Labor could cancel the earlier case with the earlier PD, and then the person may have a problem obtaining future H1B annual extensions in that case.
 
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