Laid off with I-140 approved

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chitta123

New Member
I am in a lot of stress. Please help out if possible.

Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.

If I join company B starting June, can B extend my H1B based on the approved I-140 I had with company A?

My lawyer is saying that B can't extend my H1B based on I-140 with A. And A can't extend it as the earliest it can file for the extension is six months before expiry and that is in October. He is saying that my only option is to find another job within A if possible. Otherwise, it is back to India.

Is he right? What are my options?

I will be grateful for any replies.
 
Your lawyer is correct. Company B cannot extend your H1B visa based on approved I-140 from A.

However, you can request Company A to extend your visa, then use the 3 year extended visa approval for transfer to Company B. Try and convince A for this possibility.

chitta123 said:
I am in a lot of stress. Please help out if possible.

Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.

If I join company B starting June, can B extend my H1B based on the approved I-140 I had with company A?

My lawyer is saying that B can't extend my H1B based on I-140 with A. And A can't extend it as the earliest it can file for the extension is six months before expiry and that is in October. He is saying that my only option is to find another job within A if possible. Otherwise, it is back to India.

Is he right? What are my options?

I will be grateful for any replies.
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Thanks Wellwisher

Thanks Wellwisher for your quick reply. I am trying to work things out with company A. The chances do not look very bright though. But they have assured me that they will not revoke my I-140.

Can someone who has gone through a similar situation or knows someone who has gone through a similar situation chip in please?

Thanks
 
Don't wait till June

You have time till April 08 on you H1B, if you already have "company B" in mind which is ready to offer you a position, join them ASAP so that you have more than one yr on ur transferred H1B to start a new process. Good luck.
 
chitta123 said:
Thanks Wellwisher for your quick reply. I am trying to work things out with company A. The chances do not look very bright though. But they have assured me that they will not revoke my I-140.

Can someone who has gone through a similar situation or knows someone who has gone through a similar situation chip in please?

Thanks
Click to expand...

It is good that Company will not revoke I-140.
You should be ok. You can get H1 for Company B.
Couple of questions:
1. When did you enter US on H1 first time?
2. How much time did you spent outside USA since first entry on H1?

Good Luck.
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desi3933@gmail.com
 
I agree with Jul2002. His option is the right way. I did not read earlier that your H1B 6 years finishes April 08. Here is what you should do:

1) Join company B immediately. Do not wait
2) Get your H1B transferred through premium processing, if there exists premium for tranfer cases. I am not sure if it exists.
3) Convince Company B to start your GC process; Note that you could use approved I140 from Company A to port priority date from the old case, although you have to start the process fresh (right from labor process).
4) If you get your labor certified by Apr 08 from Company B, you would be able to extend your H1B visa by 1 year until Apr 09.
5) If yu get your labor and I-140 approved by Apr 08 from company B, you would be able to extend your H1B visa by 3 years until Apr 11.

Hope the above helps. Apologies for the wrong direction earlier.

jul2002eb2md said:
You have time till April 08 on you H1B, if you already have "company B" in mind which is ready to offer you a position, join them ASAP so that you have more than one yr on ur transferred H1B to start a new process. Good luck.
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Hey Man.

Don't be stresssed. Try to be cool at this moment. Just find a company B and apply for H1B in under premium processing. Then immidiately file Labor under Perm process and 140 under premium processing. This won't take too long. You have time until May 2007 with your current job. You have 3 and half months time. My EB2 Perm labor took 18 days to approve and 140 premium processing took 3 days to approve. If you join in some consulting company, you don't need to go for paper ads and all for Labor certification, they will have some in handy for the future consultents.

Good luck buddy.

Please do not hesitate to ask if you need any further information that I can provide you.
 
Why will he not able to get three years extenstion?

If company appiles for LC and 140. Say his 140 from company B is not approved at the time he becomes eligible for 7th year H extension. He should get three year extesion based on 140 approval from company A.

I am in 7th year extension and 140 approved. Can't I join comany B and ask for 3 year H extension cum xfer?
 
I think, when you join B, your H1 Xfer is based on the H1B validity that you already have with Company A. So, if your H1B is valid with company A until July 2009, your H1B transfer to Company B will have a validity period until July 2009.

I don't think you get your H1B Xfer extension of 3 years based on an approved I-140 of the previous company. I may be wrong. Pl. check with your attorney.

little_tongya said:
If company appiles for LC and 140. Say his 140 from company B is not approved at the time he becomes eligible for 7th year H extension. He should get three year extesion based on 140 approval from company A.

I am in 7th year extension and 140 approved. Can't I join comany B and ask for 3 year H extension cum xfer?
Click to expand...
 
Your lawyer is wrong. Company B can get extension based on company A's approved 140 beyond 3 years if your PD is retrogressed. Anyway your H1 is valid upto April 2008 you can transfer your H1 to another without any problem. Start your GC again ASAP and port the old PD. If you dont have any company in mind you can get in touch with me I can help you out. Send me PM or email me on harish@kvlsolutions.com

chitta123 said:
I am in a lot of stress. Please help out if possible.

Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.

If I join company B starting June, can B extend my H1B based on the approved I-140 I had with company A?

My lawyer is saying that B can't extend my H1B based on I-140 with A. And A can't extend it as the earliest it can file for the extension is six months before expiry and that is in October. He is saying that my only option is to find another job within A if possible. Otherwise, it is back to India.

Is he right? What are my options?

I will be grateful for any replies.
Click to expand...
 
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