Perm and 8th yr. extension.

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nkc2004

Registered Users (C)
I have a pending LC (pending more than 2 yrs) with my current employer. I am going to reach my 6 yr. limit in a 3-4 months. I already have 7th yr extension with current employer. A new employer has offered to file perm LC for me.

If the new employer files LC at 5 yr. 11 months, I join him and my current company withdraws my current LC (they probably will), at 6yr. 11months can I use my new employers pending LC > 365 days to get a 8th yr. extension. Does anybody know some one who did something like this. Guys please reply.

thanks
nkc
 
nkc2004 said:
I have a pending LC (pending more than 2 yrs) with my current employer. I am going to reach my 6 yr. limit in a 3-4 months. I already have 7th yr extension with current employer.
------------ better stick with him
A new employer has offered to file perm LC for me.
------ PERM is new, many LC in the first phase are going to face problems and mostly the employer will file under Eb3 and many lawyers will commit mistakes and the employer needs to get prevalig wages from SWA it will take 60 days to get the job posting and to get the Wages info from SWA and with PERM your LC will not be pending more than 365 days, if LC approved you can file I-140. I will not take that offer becase the LC that is pending has EARLER PD and you may be able to get H1 extensions and GC process will be much better than new LC with new PD.
** if the new employer agrees he can still file LC for you even if you are not working with him, if LC gets approved and you can file I-140 at that time then only join him after the LC is approved. dont play with your pending LC or employer
If the new employer files LC at 5 yr. 11 months, I join him and my current company withdraws my current LC (they probably will), at 6yr. 11months can I use my new employers pending LC > 365 days to get a 8th yr. extension. Does anybody know some one who did something like this. Guys please reply.

thanks
nkc
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thanks

ginnu, thanks for the reply. Even if I don't take the offer, for some reason in future if my LC is not approved (mine is a remanded to state case), is it still possible to file a perm LC at 6th/7th yrs with a new employer and if I do have it pending for 365 days, then will I be eligible to get 8th yr. extension.

I read in some threads that you LC needs to be filed and pending for 365 days before you hit you 6yr limit. Is that true. please comment.

thanks
nkc
 
nkc2004 said:
ginnu, thanks for the reply. Even if I don't take the offer, for some reason in future if my LC is not approved (mine is a remanded to state case), is it still possible to file a perm LC at 6th/7th yrs with a new employer
---- it is possibe but no employer can be ready to file PERM immidiatly it will take them minimum 60 days to file the reason SWA still has no final guidelines to give prevaling wages. you employer may be able to file PERM LC in May or june. talk to your new employer Lawyer for more info. at this time many lawyers are not expert with PERM filing
and if I do have it pending for 365 days, then will I be eligible to get 8th yr. extension.

I read in some threads that you LC needs to be filed and pending for 365 days before you hit you 6yr limit. Is that true.
---true, if LC pending more than 365 days and you have evidence of LC pending or one has I-140 pending or I-485 filed one can get 7th/8th yes/9th year H1 extensions

please comment.

thanks
nkc
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more clarification

thanks ginnu, i appreciate your response. But I am still not clear. I think my question was not clear. If I am in my 7th yr and my new employer files a perm LC and then LC is pending for 365 days. Can I get the 8th yr. extension with perm LC pending more than 365 days even if the LC was filed after i reached my 6 yr. H1B limit. please comment.

thanks
nkc
 
nkc2004 said:
thanks ginnu, i appreciate your response. But I am still not clear. I think my question was not clear. If I am in my 7th yr and my new employer files a perm LC and then LC is pending for 365 days.
Can I get the 8th yr. extension with perm LC pending more than 365 days
---- PERM will NOT be pending more than 365 days, you need to read what is PERM, PERM is to approve LC in fast track
even if the LC was filed after i reached my 6 yr. H1B limit. please comment.
****** You need to discuus your options with very good lawyer, I leave this thread.
thanks
nkc
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