My chances....please advice

[prachew]

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

 

[ck510]

Afaik, the 7th year H1 extension is allowed only in the case that your application has been pending for more than a year. If by giving up your existing job, you are also giving up your LC application, then you may become out-of-status immediately (as the reason for the extension is no longer valid).

I don't think the portability issue will apply in the LC stage.

However, the GC *is* for a future job, so look into that possibility assuming your current company is willing to continue LC/I-140/I-485 processing (somewhat unlikely.)

As always, you should consult a lawyer - maybe consult the immigration lawyer of the second/new company to get a more accurate answer.