Options in 7th year company switch

R

ray6855

Registered Users (C)
I am little confused in 7th year company transfer, so please advise.

If One were to change compnay after getting 7th year extension for 1 year. Then wouldn't he be automaticallu qualified for 1 year extension for each year thereafter AFTER PERM aproval till he obtains 140 approval then start 3 year extensions.

I was always under impression that within one year you have to have labor/PERM aproved after making the switch then don't worry if 140 doesn't gets aproved, just keep on getting 1 year extensions till 140 is aproved then start 3 years.

Thx for any comments / corrections.
 
Help - !!!! - 7th year company transfer and h1 ext

Gurus Please advise on my previous question
 
Your question is not clear, when you say PERM approved, through which company are you talking about? the old one, where you got your seventh year extension? This kind of situations are tricky and it is advisable to consult a qualified attorney to review your specific situation before making any decision.
 
Your question is quite unlcear. Anyway, according to current rules you can keep extending your H-1B based on a LC that has been filed at least 365 before the respective H-1B period is over. As long as the original LC petitioner doesn't withdraw the LC you can use it to keep extending - regardless if you file and I-140 or not. Rule change proposed: DOL wants to implement a change that a I-140 has to be filed within 45 days after a LC is approved. If that was introduced, what you had in mind couldn't be done anymore.

ray6855 said:
I am little confused in 7th year company transfer, so please advise.

If One were to change compnay after getting 7th year extension for 1 year. Then wouldn't he be automaticallu qualified for 1 year extension for each year thereafter AFTER PERM aproval till he obtains 140 approval then start 3 year extensions.

I was always under impression that within one year you have to have labor/PERM aproved after making the switch then don't worry if 140 doesn't gets aproved, just keep on getting 1 year extensions till 140 is aproved then start 3 years.

Thx for any comments / corrections.
Click to expand...
 
Sorry for confusion, here's the picture

My six years on H1 ended last month and I am on 7th year extension till May 2007. My current employer filed for labor at 8/18/2004 and its still at PBEC, no 45 days letter and nothing. Also its filed with non RIR in NY which will takes over 6 years to get throough labor if it DOES OCCUR.

So in my 7th year, I am hoping to switch to new employer who says he will file GC process for me and what my perception is that after making the switch to new company

1. H1 will be transferred to new employer.
2. File PERM with NEW EMPLOYER and GET APROVAL before May 2007
3. If 140 aproval cannot be obtained before May 2007 then WHAT I AM THINKING is that I am still eligible foy yearly h1 extensions based upon PERM aproval, Correct? Once 140 gets aproved, I can get 3 years h1 extensions.


Please advise, I am in lot crunch and desperation.
 
Yes that assumption is correct.
Also if I-140 is through before May 2007, you can get extension for 3 years.
Then you can change again.
 
ray6855,

It's already timeup. Your new employer should start apply PERM & H1 transfer asap for you!
 
ray6855 said:
3. If 140 aproval cannot be obtained before May 2007 then WHAT I AM THINKING is that I am still eligible foy yearly h1 extensions based upon PERM aproval, Correct? Once 140 gets aproved, I can get 3 years h1 extensions.
Click to expand...

If this PERM is pending 365 days, then only you will get 1 yr extension. Approval alone is not enough. But you could get 8th yr extension based on previous company's labor. Use this PERM for 9th yr and on...
 
arouncoumar

I am hoping that the PERM wouldn't be taking 1 year. I have heared and seen PERM getting aproved from as quick as 3 weeks to 4 months. Some cases I have seen drag over 6 months but that is extreme.

SO lets say I switch company this month and they file PERM and till I get PERM a day or week before my 7th year expires, I should be able to file for 8th year based upon PERM aproval even if that PERM was aproved 2 days before 7th year expires, right?

Do you agree?
 
ray6855 said:
arouncoumar

I am hoping that the PERM wouldn't be taking 1 year. I have heared and seen PERM getting aproved from as quick as 3 weeks to 4 months. Some cases I have seen drag over 6 months but that is extreme.

SO lets say I switch company this month and they file PERM and till I get PERM a day or week before my 7th year expires, I should be able to file for 8th year based upon PERM aproval even if that PERM was aproved 2 days before 7th year expires, right?

Do you agree?
Click to expand...
No, IMO, PERM (or any LC) had to be filed one year before you use it for extension beyond 6th year. In your case if PERM and 140 both gets approved before your 7th year H1 expire and you are not able to file 485 due to retrogression, then you will be able to get 8th year extension (may be 3 year ext) even though your PERM was not filed 1 year ago.
 
It doesnt matter if PERM is approved in a week, your GC process must have started 365 days before extension start date. Period.
 
You must log in or register to reply here.
Top