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pichapie

Registered Users (C)
I was told not to accept another job because I can't extend my H1.

I have a pending LCA - RIR/EB3 since Feb04. I came in Sept01 and my 6th yr is next year. I was able to extend my H1 this year until Sept08.

Somebody told me that if I accept a new job and I don't have EAD by end of my 6th year(Sept07), I won't be able to extend my H1 and I'll lose my status.

Please need help from the group!
 
If you have LC pending from Company A more than 365 days, you can join company B or C or...Z without any problem and extend your H1 beyond 6 th year based on your pending LC with Company A.

You have to make sure Comp A should not cancell/withdraw the pending LC at any time.


pichapie said:
I was told not to accept another job because I can't extend my H1.

I have a pending LCA - RIR/EB3 since Feb04. I came in Sept01 and my 6th yr is next year. I was able to extend my H1 this year until Sept08.

Somebody told me that if I accept a new job and I don't have EAD by end of my 6th year(Sept07), I won't be able to extend my H1 and I'll lose my status.

Please need help from the group!
Click to expand...
 
great guru said:
If you have LC pending from Company A more than 365 days, you can join company B or C or...Z without any problem and extend your H1 beyond 6 th year based on your pending LC with Company A.

You have to make sure Comp A should not cancell/withdraw the pending LC at any time.
Click to expand...

Does it have to be a Pending LC, or can it be an Approved LC as well?
I have a Jan 2006 approved (but apparently "no-good") LC, and am in the process of filing for a new LC under PERM. My company switched lawyers and new lawyers recommended filing for a new LC.

Does this often happen (with success) where Company A keeps the LC open and allow the 'employee' to go to another Company?
And if Company A does agree to keep the LC open/active, can you also file for H1/LC with the new Company?

And if Company A agrees (in writing) to keep the LC open/active, but later goes against that and cancels/withdraws the LC, is there any recourse/action that can be taken?
 
MxS said:
Does it have to be a Pending LC, or can it be an Approved LC as well? If you are going to use "Substitution of Alien" based on pre approved LC, then your I 140 must have filed and can use pre approved LC date. and extend your H1 beyond 6th year
I have a Jan 2006 approved (but apparently "no-good") LC, and am in the process of filing for a new LC under PERM. My company switched lawyers and new lawyers recommended filing for a new LC.

Does this often happen (with success) where Company A keeps the LC open and allow the 'employee' to go to another Company? YESAnd if Company A does agree to keep the LC open/active, can you also file for H1/LC with the new Company? YES
And if Company A agrees (in writing) to keep the LC open/active, but later goes against that and cancels/withdraws the LC, is there any recourse/action that can be taken? NO. You will loose all the benefits. Even company no need to cancel your LC , if they declare bankruptcy your LC automatically void. You are at employer's mercy.
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If you have approved I 140 on your name irrespective of the company status you can use the PD for your AOS.

ImmigraBoy said:
What if you have an approved I-140 from a bankrupt company, can you keep the PD from that application?
Click to expand...
 
As long as you can obtain a copy of the I-140 approval notice. Some companies do not issue them to employees for this very reason (that they can leave). Good luck.

great guru said:
If you have approved I 140 on your name irrespective of the company status you can use the PD for your AOS.
Click to expand...
 
st4rguitar said:
As long as you can obtain a copy of the I-140 approval notice. Some companies do not issue them to employees for this very reason (that they can leave). Good luck.
Click to expand...

Is there any way to get a copy of the I-140 approval notice even if the Company/Employer does not (want to) give you a copy?

I heard that only the LC belongs to the Company/Employer, or is that incorrect?
 
MxS said:
Is there any way to get a copy of the I-140 approval notice even if the Company/Employer does not (want to) give you a copy?

I heard that only the LC belongs to the Company/Employer, or is that incorrect?
Click to expand...

I-140 also belongs to the employer. Also, many employers say that the I-140 is the employer's "property" and they will give you only the copy (and not the original).
 
Correct. It does belong to the employer, and many do not issue copies. But, if you do have a copy, you can use that. We did so (we used a copy of an I-140 approval notice) in a situation where the employee had an approved I-140 with a 2001 priority date for company A. We filed a re-capture through company B, and got the I-140 approved with a 2001 date.

bigboy00 said:


I-140 also belongs to the employer. Also, many employers say that the I-140 is the employer's "property" and they will give you only the copy (and not the original).
Click to expand...
 
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