PERM, I-140 and H1 Extension

[gc113]

I’m on H1B. My 6 years on H1 is getting over on June 10, 2006. I’ve already applied for my Labor petition in EB3 category in Sept 2004 with a company A. Now I want to switch and join company B because it’s getting very difficult to continue working at company A.

I’m really in a fix and don’t know what is the right thing to do as far as my GC processing is concerned. I’ve couple of questions about my situation and I would appreciate a lot if anybody can answer them.

1) I join Company B very soon and apply for labor via PERM before June 10, 2005 (so that I still have more than 1 year left on my H1), hopefully I would get my labor cleared in 3 months and then apply for I-140 and if that also gets cleared before June 2006, then I still won’t be able to file I-485 ( because of EB-3 retrogression and my late priority date ), then would I be able to get my H1 extended for 7th and 8th years based on my I-140 approval ? Please keep in mind that at that moment I won’t have any application pending, which I think is one of the criteria to get H1 extension beyond 6 years.

2) I join company B a little later and so file for my labor via PERM after June 10, 2005, so I don’t have more than 1 year left on my H1. Again I would get my labor cleared in couple of months and then go ahead and file for I-140, this I-140 might get cleared or may be pending by June 2006 , the question is in either of these cases ( pending or cleared I-140) would I be able to get 7th and 8th year extension on H1.

3) If in either of the above cases I can’t get my H1 extended then I’ve no choice but to continue at company A which is painful.

I didn't get any response on this one. Can anybody please help me with this issue.

 

[compiler]

You do not have to get the 7th year H extension but can work with the EAD (if you can get it before the end of your 6th year H) after concurrently filing I-140/I-485 with the I-765 and I-131 from the Company B, or you can apply for the 7th year H after Sept. 2005 using the Company A’s pending LC unless it will be revoked after you leave them, or you can get your 7th H extension using a new PERM LC if filed before Sept. 2005 from the Company B. So, you have a lot of choices.

 

[gc113]

You do not have to get the 7th year H extension but can work with the EAD (if you can get it before the end of your 6th year H) after concurrently filing I-140/I-485 with the I-765 and I-131 from the Company B, or you can apply for the 7th year H after Sept. 2005 using the Company A’s pending LC unless it will be revoked after you leave them, or you can get your 7th H extension using a new PERM LC if filed before Sept. 2005 from the Company B. So, you have a lot of choices.

Thanks for the info but I didn't quite get it, 1) How can I apply for H1 extension based on company A's LC, if I quit them, even if they don't revoke it. I mean I'm not with that company, so how I woould get extension.

2) Can I apply for H1 Extension in sept 2005, I think you can not apply for &th year extension before 6 months from date of 6th year expiry. Am I missing something here ?

Thanks

 

[GC_DJ]

I think option 1 is safe, even if LC approval takes time or if you can not apply for I-485 due to retrogession you can still get 1 year H-1 extensions based on your LC filing date.

I’m on H1B. My 6 years on H1 is getting over on June 10, 2006. I’ve already applied for my Labor petition in EB3 category in Sept 2004 with a company A. Now I want to switch and join company B because it’s getting very difficult to continue working at company A.

I’m really in a fix and don’t know what is the right thing to do as far as my GC processing is concerned. I’ve couple of questions about my situation and I would appreciate a lot if anybody can answer them.

1) I join Company B very soon and apply for labor via PERM before June 10, 2005 (so that I still have more than 1 year left on my H1), hopefully I would get my labor cleared in 3 months and then apply for I-140 and if that also gets cleared before June 2006, then I still won’t be able to file I-485 ( because of EB-3 retrogression and my late priority date ), then would I be able to get my H1 extended for 7th and 8th years based on my I-140 approval ? Please keep in mind that at that moment I won’t have any application pending, which I think is one of the criteria to get H1 extension beyond 6 years.

2) I join company B a little later and so file for my labor via PERM after June 10, 2005, so I don’t have more than 1 year left on my H1. Again I would get my labor cleared in couple of months and then go ahead and file for I-140, this I-140 might get cleared or may be pending by June 2006 , the question is in either of these cases ( pending or cleared I-140) would I be able to get 7th and 8th year extension on H1.

3) If in either of the above cases I can’t get my H1 extended then I’ve no choice but to continue at company A which is painful.

I didn't get any response on this one. Can anybody please help me with this issue.

 

[compiler]

Thanks for the info but I didn't quite get it, 1) How can I apply for H1 extension based on company A's LC, if I quit them, even if they don't revoke it. I mean I'm not with that company, so how I woould get extension.

2) Can I apply for H1 Extension in sept 2005, I think you can not apply for &th year extension before 6 months from date of 6th year expiry. Am I missing something here ?

Thanks

1) Apply for the 7th year H extension with the Company A’s LC filing receipt. If you cannot get that receipt or do not know what it is, then ask an attorney for help.

2)You new employer, Company B can file the 7th year H extension after your new PERM LC has been filed for a year. You said your 6 year H will end in Sept. 2006. So, the Company B must file the new PERM LC before Sept. 2005 in order to file the 7th year H for you. If you do not know how to do it, ask the attorney for the help.