Need Clarification on 8th YR ext with new company

K

kriskish

Registered Users (C)
Gurus,
Please help me. I am on 7th year extension right now. My last date with the company is tomorrow. My 140 is pending from LESS than 1 year. My labor applied in Dec 2001 and approved date is Dec 2004.

Now if I go for 8th year ext do they consider Labor applied date or 140 RD?

Please gurus let me know. I have a company who are ready to apply for 8th H1. So please shed some light.

Thanks in Advance
KK
 
I got my 7th year approved with my 140 pending for less than a year. I included a copy of the approved LC in the H1 renewal packet.
 
cfiler said:
I got my 7th year approved with my 140 pending for less than a year. I included a copy of the approved LC in the H1 renewal packet.
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Thank you very Cfiler. As you know my 140 is still pending I just want to look out for other options. Thanks again
KK
 
kriskish said:
Thank you very Cfiler. As you know my 140 is still pending I just want to look out for other options. Thanks again
KK
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Cfiler is correct. Your Priority date will always be your Labor Certification priority date. So, you will be eligible for at least another one year (or more depending on your EB category) of your H-1B time.
 
Something to keep in mind is that if your category is retrogressed, I believe that you can ask for a 3-year extension instead of just one year.
 
If you have copy of your LC approval you can use it for your 8th year extension or if you have I140 receipt (Approved or non approved) that should be fine too. Check with your attorney for 3 years extension, I think you should get 3 years extension.
 
for getting 3 year of H1b...140 should be approved.
if 140 is pending then they will give 1 year extension only
 
roshan18 said:
for getting 3 year of H1b...140 should be approved.
if 140 is pending then they will give 1 year extension only
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Yeah.. I think my 140 should get approved. If I would have 140 then I would have used Ac21 right away :).
Thanks
KK
 
roshan18 said:
for getting 3 year of H1b...140 should be approved.
if 140 is pending then they will give 1 year extension only
Click to expand...
Yeah.. I think my 140 should get approved. If I would have 140 then I would have used Ac21 right away :).
Thanks
KK
 
7th year extension...

Hi,

I am about to finish my 5th year this week.I am really fed up with my cheap company.They filed my GC in March 2004,but it has gone into retrogession.If I have to go to a new company can I extend to 7th year based on my current GC labour petition.


I have a good job offer from the other company.I am not sure if I can go to a new company.

Thanks,
ps63577
 
kriskish said:
Gurus,
Please help me. I am on 7th year extension right now. My last date with the company is tomorrow. My 140 is pending from LESS than 1 year. My labor applied in Dec 2001 and approved date is Dec 2004.

Now if I go for 8th year ext do they consider Labor applied date or 140 RD?

Please gurus let me know. I have a company who are ready to apply for 8th H1. So please shed some light.

Thanks in Advance
KK
Click to expand...
Hi KK,

I don't mean to discourage you, but, I don't think you will get the extensions with your NEW Company? Check with attorney......

why I am saying is, those 140 or LC are applied by your ex-employer and the H1 should be from the same employer??

Thanks!
LC_NEEDED
 
Yes You will get 7 th year extension based on the approved labor.Only thing that you should give the copy of approved labor to new companny based on that they will apply for 7 th year extension..
 
KK,

people here can only give u opinions , you really need to talk to your attorny on serious issue.

Best luck to you.
 
ps63577 said:
Hi,

I am about to finish my 5th year this week.I am really fed up with my cheap company.They filed my GC in March 2004,but it has gone into retrogession.If I have to go to a new company can I extend to 7th year based on my current GC labour petition.


I have a good job offer from the other company.I am not sure if I can go to a new company.

Thanks,
ps63577
Click to expand...

ps63577,
Yes, you can get 7th H1 extension based on your pending LC from new company. My advice is to ask your new employer to file PERM, so that you can expedite your gc process.
 
kriskish said:
Gurus,
Please help me. I am on 7th year extension right now. My last date with the company is tomorrow. My 140 is pending from LESS than 1 year. My labor applied in Dec 2001 and approved date is Dec 2004.

Now if I go for 8th year ext do they consider Labor applied date or 140 RD?

Please gurus let me know. I have a company who are ready to apply for 8th H1. So please shed some light.

Thanks in Advance
KK
Click to expand...

If your LC or I-140 were filed more than 365 days ago, one can get a 8th year H1 whether same or new company.
 
Ok Guys im confused here. Pls advise-

If ur lc is cleared and 140 is in progress with 485 and u hv an EAD in hand, why would it be an issue to get the 1 yr extension? Also, do u need to get the extension irrespective of hv an EAD in hand?

Pls respond. I hv arnd 6 mos left and am on a RFE on 140 and going to file the 485 anytime. (EB2)
 
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