New green card under PERM in 7th year and visa extension there after...

R

RainmanR

Registered Users (C)
My current situation:
· Green card is in process that was applied in Mar’05 with the current employer. So this was one month before the beginning of 6th year of H1-B visa.
· My 6 years of H1-B visa will now expire in Apr’05.
· I have already received visa extension into 7th year – valid till Apr’06.

Here are questions:
· The main question is – Can I join a new employer in 7th year extension and file for new green card under PERM and then take extensions into 8th and subsequent years?

Here are the more detailed questions to support above question:
· I have an opportunity to join another employer for better job prospects. If everything goes smooth, I will be able to join new employer by end of this month i.e. Apr’05.

· By the time I join the new employer, I will be already in the 7th year of my H1-B visa. Since 7th year extension is received because of the green card filed through previous employer - will I be able to get visa with the new employer?

· Will I get one-year visa beginning date of the new visa application OR will it have same expiry date as of earlier 7th year extension visa i.e. Apr’06?

· I am assuming, the green card process with the new employer will begin after receipt of my new visa approval and other required PERM processes. Assuming visa approval is received by end of this month i.e. Apr’05 - new green card application will be submitted under PERM in May/Jun’05. Will this be an issue as previous employment will be terminated in Apr’05 (so will the previous green card application) and the new green card will be filed in May/Jun’05?

· If this is an issue, can my new employer begin the green card and visa process simultaneously?

· Since new green card application (with new employer) will be filed in May/Jun’05 and assuming 7th year visa is expiring in Apr’06 – Will I be able to get 8th year extension as the new green card application is not pending for more than 365 days?

· Assuming new green card is applied under PERM and labor is approved within 2 months i.e. by Aug/Sep’05, will I be able to get 8th year extension?

· If new green card application is denied, what options do I have? Can I appeal the decision and still take extensions in future years till decision on the appeal is received?

· In above case, will I be able to go back to my previous employer and resume the old green card application (if that is not withdrawn)?

Thanks,
RainmanR
 
RainmanR said:
My current situation:
· Green card is in process that was applied in Mar’05 with the current employer. So this was one month before the beginning of 6th year of H1-B visa.
· My 6 years of H1-B visa will now expire in Apr’05.
· I have already received visa extension into 7th year – valid till Apr’06.

Here are questions:
· The main question is – Can I join a new employer in 7th year extension and file for new green card under PERM and then take extensions into 8th and subsequent years?
Filing new green card petition in 7th year is a non issue. However, by the time visa expires, then getting extension into 8th year would be an issue in following conditions:
- if the new green card petition is not older than 365 days or more AND
- if old green card petition is also withdrawn by earlier employer AND
- new green card petition is at any stage, even though labor is approved, I-140 is approved then also rule for extension is green card petition should be 365 days or more old.
.

Here are the more detailed questions to support above question:
· I have an opportunity to join another employer for better job prospects. If everything goes smooth, I will be able to join new employer by end of this month i.e. Apr’05.

· By the time I join the new employer, I will be already in the 7th year of my H1-B visa. Since 7th year extension is received because of the green card filed through previous employer - will I be able to get visa with the new employer?
Visa will be received with the expiry date of current extension - it will not be for one year from the date of new visa application.

· Will I get one-year visa beginning date of the new visa application OR will it have same expiry date as of earlier 7th year extension visa i.e. Apr’06?
It will have expiry date as earlier

· I am assuming, the green card process with the new employer will begin after receipt of my new visa approval and other required PERM processes. Assuming visa approval is received by end of this month i.e. Apr’05 - new green card application will be submitted under PERM in May/Jun’05. Will this be an issue as previous employment will be terminated in Apr’05 (so will the previous green card application) and the new green card will be filed in May/Jun’05?
Delay in filing green card should be a issue. Issue will be if you stuck in any stage and want to take extension and green card petition is not old for more than 365 days.

· If this is an issue, can my new employer begin the green card and visa process simultaneously?
That should be possible but new PERM thing takes minimum 60 days to file the petition.

· Since new green card application (with new employer) will be filed in May/Jun’05 and assuming 7th year visa is expiring in Apr’06 – Will I be able to get 8th year extension as the new green card application is not pending for more than 365 days?
8th year extension will be at risk if green card petition is not older than 365 days or more

· Assuming new green card is applied under PERM and labor is approved within 2 months i.e. by Aug/Sep’05, will I be able to get 8th year extension?
Again, same rule as above

· If new green card application is denied, what options do I have? Can I appeal the decision and still take extensions in future years till decision on the appeal is received?
Decision can be appealed. Even though green card petition is denied, you should be able to work till expiry of approved visa

· In above case, will I be able to go back to my previous employer and resume the old green card application (if that is not withdrawn)?
Yes, if that green card petition is still valid - not withdrawn or not transferred
Thanks,
RainmanR
Click to expand...

Disclaimer: I am not a attorney or a law expert. These responses are based on the information gathered from the knowledgable parties. Please confirm the responses with your attorney before making your decisions. You will be completely responsible for the decisions you made and NOT ME.
 
in the same boat

I am in the same situation.

I shifted to another company in the 7th with my labor pending with the previous company. I got the 7th year extension approved with the previous company and I applied for a transfer to the new company recently.

old company: 6th year ended Jan 31, 05. Got 7th year extension till Jan, 06.
Applied H1 for new company in April, 05, awaiting decision.

Also I heard that there are going back to the old company to check if they should continue the Labor app ie., when they are shifting the LC to the backlog center.
striker
 
Hi Striker,
So how are you planning to get an extension into 8th year? Since your new green card petition will not be a year old, will you be taking extension based on the petition filed with last employer? In my case, I didn't have gurantee if my current employer will retain the petition or transfer it to someone. So I have to decline a very nice offer. What are your views?
Thanks,
RainmanR
 
RainmanR
I am keeping my fingers crossed about my 7th h1 transfer to the new company. Did you get your 7th year transfer to a New company?? or have you heard someone get it in the forums??

Once I get the transfer and if the LC is still pending when i get into the 8th year then my new GC might be possible. (Lawyers opinion). But I dont what would happen if the old LC got approved, Can we still aplly for an 8th year based on it.. I am not sure?

Also I heard perm is not a simple process to go through as it just came out.


regards
Striker
 
New green card under PERM in 7th year and visa extension there after... Reply to Thre

I believe, you should be able to get 8th year extension based on the old petition (if that is not yet withdrawn or transferred to some other person). I think, the law is green card petition should be older than 365 days.

Once again I am not a lawyer so please verify with your sources or attorneys for accurate information.
 
New green card under PERM in 7th year and visa extension there after... Reply to Thre

About 7th year visa extension - I already received it because I am with the same employer who filed my GC around 13 months back.

I have dropped the idea of going to new employer because of following reasosn:
- My current employer might withdraw my GC petition or may transfer it to someone.
- The new GC petition with new employer will not complete 365 days by the time the 7th year visa extension expires (irrespective of the stage)
- Even though the new GC would be under PERM which says it would give labor approval in 60 days, possibilities that I can not apply for I-485 (3rd step) because of priority dates (if that time there is huge backlog). SO again I had to hold valid H visa status till I-485 is applied.
- Because of above 2 reasons, I am staying with my current employer. Based on the GC petition already filed, I should be able to get 8th year extension.

I hope this helps. Please consult your attorney before making any decisions. The information provided by me is based on my experience and may be inaccurate.
 
filing proof from DOL

hi,
Maybe my post is kinda irrelevent to this thread, but I really appreciate if you can give me info. I'm asking how you get filing proof from DOL or backlog-reduction-center to get your 7th year extension. And how long does that take? My h-1 will expire next month. thanks a million.

ying
 
Hi Rainman,
I'm in the same situation as you are, my H1 sixth year expires in May 05, labour applied in May 04.
I now have a very nice offer, and they say they would get the 7th yr extension based on the current pending labour. and they would start my new GC process as soon as I join them. So my 8th yr forward extensions would be based on this new GC process.
however there's NO GAURANTEE that the labour would be filed before my 6th year expires in order to be in the 365 day margin. But I know for sure I cant depend on the current pending labour for 8th yr and forward.
But what I was thinking is, if they file under PERM then hopefully labour would be cleared and I140 filed etc would be done by the time I reach 8th year extension.
I was wondering from your message " new green card petition is at any stage, even though labor is approved, I-140 is approved then also rule for extension is green card petition should be 365 days or more old.". Is that the case or if labour is cleared(assuming everything goes fine under PERM process) and I140 is approved then we should be able to get the H1 extensions right? does it depend on I485 status too?
I think you made a good decision though, most likely that i'll decline the new offer. I've been losing sleep over this for the past couple of months. any advice on the way i'm thinking is highly appreciated. Thanks, Nidhi
 
yxd0018 said:
hi,
Maybe my post is kinda irrelevent to this thread, but I really appreciate if you can give me info. I'm asking how you get filing proof from DOL or backlog-reduction-center to get your 7th year extension. And how long does that take? My h-1 will expire next month. thanks a million.

ying
Click to expand...

I think you can attach the copy of green card petition application receipt (that you or your attorney might have received) when your green card petition is filed. That should be fine. I didn't get any proof from DOL. I think based on that receipt (which has a Case no.), VISA guys can check if that GC petition is still really pending and not withdrawn or transferred.

Disclaimer: I am not a attorney or a law expert. My comments are based on the experience and reading of the information from other sources. You are solely responsible for your decision. You may want to consult with a professional attorney before making any decisions.
 
nidhi001 said:
Hi Rainman,
I'm in the same situation as you are, my H1 sixth year expires in May 05, labour applied in May 04.
I now have a very nice offer, and they say they would get the 7th yr extension based on the current pending labour. and they would start my new GC process as soon as I join them. So my 8th yr forward extensions would be based on this new GC process.
however there's NO GAURANTEE that the labour would be filed before my 6th year expires in order to be in the 365 day margin. But I know for sure I cant depend on the current pending labour for 8th yr and forward.
But what I was thinking is, if they file under PERM then hopefully labour would be cleared and I140 filed etc would be done by the time I reach 8th year extension.
I was wondering from your message " new green card petition is at any stage, even though labor is approved, I-140 is approved then also rule for extension is green card petition should be 365 days or more old.". Is that the case or if labour is cleared(assuming everything goes fine under PERM process) and I140 is approved then we should be able to get the H1 extensions right? does it depend on I485 status too?
I think you made a good decision though, most likely that i'll decline the new offer. I've been losing sleep over this for the past couple of months. any advice on the way i'm thinking is highly appreciated. Thanks, Nidhi
Click to expand...


Hi Nidhi,
I too had n amount of sleepless nights (almost for a month). I read through all the possible forums, read lot of information and finally made a paid consulation with 2 different attorneys. I also requested new employer to have a meeting with their attorney. And based on all the information gathered, I declined the offer to be on safer side. It might have been possible that I could have accepted the offer and got all the 3 steps cleared in one year but there is a big "IF".

Even though your new GC petition gives you a approved labor in few months, then you can apply for I-140. Normally one can apply I-140 and I-485 at the same time provided there is no backlog for I-485. For EB-3 and now also for EB-2 categories, there is a quota system for which normally a person need to wait before he could apply for I-485. Only after applying to I-485, one need not to have H status (this is my understanding). So if one is really unlucky, then even after clearing first 2 steps, that person has to wait to file for I-485 till that backlog is cleared (depending on the priority date - PD is the date when GC petition is filed). This waiting period can vary from days to years depending upon the category. And that's why I didn't want to take the chance. At least, my GC may not come through quickly, but I can take extensions on the basis of existing GC. With all these reasons I declined my offer.

You may want to hire an attorney - normally they will charge $100 for half and hour to one hour. It is reccomended to take that consultation as they can suggest you some alternatives specific to your case. Also try to talk to your new employer if he can discuss with his attorney along with you.

Also, note that, it is not possible to apply for the new GC under PERM immidiately. To satisfy most of the PERM requirements, it normally takes 60 days or more.

Disclaimer: I am not a attorney or a law expert. My comments are based on the experience and reading of the information from other sources. You are solely responsible for your decision. You may want to consult with a professional attorney before making any decisions.
 
Thank Rainman, for your message. I finally decided to stay back with my current employer till my GC process is done, as long as it takes.
The new company said there's not guarantee that my new GC can be filed before I cross the 6th year deadline(to be in the 365 day margin) I've made up my mind to decline the offer.
I consulted an immi attorney and he felt that even if I join now the earliest they could file my GC would be in July/Aug '05. my 6th year ends on 20th May '05. so that would be short of at least 3 months per se from the 365 day margin.
But the attorney says I can still go ahead and join and go to india on medical grounds for a period of that 3 months and come back and recapture those three months or whatever, and so I can still stay within the 365 day period. but like you said, its a big IF, and it all depends on what the new company says at that point of time.
Its a huge risk for me going with the new company, so for the same reasons that you have, I also declined the offer and made peace with that decision. If its meant for me I might get back what i'm losing now. One good thing about it, i'm able to sleep peacefully at night :)
 
Yes, I am in the same boat as you, Nidhi. I too have a peaceful mind after taking that decision. Of course, somtimes I feel bad about the offer that I declined looking at the salary nos. that it would have offered me... but still have good night sleep dreaming about that dream job that I will get after going through this painful GC process successfully as I think, if on H1 I can get such wonderful job, then when on GC, it should offer better opportunities.

And after all peace of mind is what counts, instead of money :)

Cheers and Sweet Dreams :)
 
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