My chances....please advice

P

prachew

Registered Users (C)
This is my situation. I'm on my 7th year H1b extension which will expire April 2004. My LC was filed in Indiana on Aug 2001. There is no indication that the processing will pick up. Meanwhile, another company is interested in hiring me. They do not have any approved labor which i can use as substitution. Can you people tell me what my options are? I really like the new company and will be happy to join them. Can i do a H1b transfer when i'm onmy 7th year? Thanks
 
Asking the new company to apply for a LC and then join them after EAD is an option. I'm just concerned about the amount of time it would take to do this. Can i transfer my H1b to them?
 
prachew,

It's a tricky situation. You can extend it on the bases of your LC pending, though, the rule is not clear about LC pendinging with the same company or not. I'd consult a good attorney. I'd give it a shot, after all, what's the harm in trying?
 
Yes - you should be able to get an extension from the new company based on the fact that you started your GC process at least one year before your H-1 expiry (even if it was thru another employer).

Please check www.murthy.com in the weekly chat session logs. you should be able to confirm it there.

and yes - consult an attorney.
 
Yes - you should be able to get an extension from the new company based on the fact that you started your GC process at least one year before your H-1 expiry (even if it was thru another employer).

---- That is correct, you can get H1 extension based on any employer LC, you need evidence to prove that LC was filed for you more than 365 days as your LC was filed in Indiana on Aug 2001, try to get the copy Receipt and case# from your past lawyer or employer. SESA or SWA sends receipt and case # after your LC was filed with SESA, if no receipt then lawyer can ask for the receipt or case# from SESA and attach that receipt with H1 extension as evidence
 
Thanks. So, if my 7th year ends in April 2004 and i should apply for my 8th year....meanwhile the other company want to do a h1 transfer, can i do transfer and 8th year at the same time?
 
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