please help me

h1b7th

New Member
Hi All,

There is 1 1/2 year out of 6 years left on my H1b with my present employer. LC was applied more than a year ago by my present employer. If i join a new company now, can i transfer the remaining 1 1/2 year in my H1b plus 7 th year extension for a total of 2 1/2 years at the same time to the new employer ?

Thanks.
 
Well I am not a lawyer , but for a start I think your new job profile has to be the same for the LC to be carried over in absence of which the filed LC will no longer be vaild I believe.



h1b7th said:
Hi All,

There is 1 1/2 year out of 6 years left on my H1b with my present employer. LC was applied more than a year ago by my present employer. If i join a new company now, can i transfer the remaining 1 1/2 year in my H1b plus 7 th year extension for a total of 2 1/2 years at the same time to the new employer ?

Thanks.
 
h1b7th said:
Hi All,

There is 1 1/2 year out of 6 years left on my H1b with my present employer. LC was applied more than a year ago by my present employer. If i join a new company now, can i transfer the remaining 1 1/2 year in my H1b plus 7 th year extension for a total of 2 1/2 years at the same time to the new employer ?

Thanks.

You can transfer your H1 to your new employer and also apply for 7th year extension only if your present employer keeps your LC application active. If they withdraw that application or substitute it for some other employee then you cannot use that LC for your extensions. Since you have 1 1/2 years left on 6 year H1, better do PERM immediately through the new employer. That way you will have enough time for qualifying for the 7th year extension.
 
GCPD0102 said:
You can transfer your H1 to your new employer and also apply for 7th year extension only if your present employer keeps your LC application active. If they withdraw that application or substitute it for some other employee then you cannot use that LC for your extensions. Since you have 1 1/2 years left on 6 year H1, better do PERM immediately through the new employer. That way you will have enough time for qualifying for the 7th year extension.


Thanks for the Reply. That means i can get H1b transfer + 7th years extension with the new employer now because my current LC is pending/active for more than year. But i would not be able to extend it further beyond 7th year if my current employer cancels my LC by then ?

Another question, if i use my current employer's LC for 7th year extension with the new employer, is it possible to use new Employer's PERM LC (assuming we file PERM before entering 6th year) for 8th year ?
 
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