Pls help urgent- 9th year H1 extension

H

H1_migraine

Registered Users (C)
Sorry about lengthy content but necessary to describe scenario....

I changed jobs after 6 years on H1B. Got 7th & 8th year H1 extn from New employer based on labor petition (ETA 750) pending more than 365 days from Old employer.

New employer started GC processing (PERM labor and I-140 premium processing are approved).

Problem is, AFTER 8th year H1 extn approval from New employer, my old employer received the 45 days response letter from BEC regarding the pending labor filed for me. Unfortunately my old employer did not respond to the letter due to poor financial situation of the company. Pls note that at the time of filing my 8th year extn and the time of approval of the H1 extn my old employers labor was still pending but it was later abandoned.

Question
A) When my old employer did not respond to 45 days response letter from BEC did it automatically invalidate my 8th year H1 extension (I-129) from new employer which was already approved by then based on pending labor from old employer. At the time of filing for the extension as well as the time of approval the criteria was valid. Can a approved H1 be retroactivly revoked in this case?

If the answer to above is NO,
B) Can I use the approved PERM labor & I-140 from new employer to request 3 year H1 extn even though the underlying approved labor petition (PERM) was filed after 6 year H1 period? ie does a I-140 with approved status qualify me for 3 Yr extn even if labor is filed after 6 yr time frame

If the answer to above is YES,
C) Would it be better to file premium processing or Regular processing. Regular for NSC is very slow but I am thinking it might be safer. In premium there is usually RFE asking for entire library of congress :eek: :mad: . Also there is a risk that a alert senior/experienced adjudicator may catch that I got last two extn based on a different labor than what I am using now. My current H1 runs out shortly and so keeping my fingers crossed.

Thanks to all for any help/response. Merry Christmas & Happy New Year.
 
9th Yr H1 Etxn based on lbor filed after 6 yrs

Thank you for responding. Very kind of you.

yes...It has been more than 365 days since the new PERM labor filed by my new employer (Filed Oct 2005 & Approved Jan 2006).

Not sure what per country visa limits mean but I cannot file I-485 due to visa nmbers retrogression for India.
 
Forget about that old LC. Next time you can request post 6 years H-1B with your new PERM and even request H-1B extension in 3 years increment with your approved I-140 if you are subject to per country visa limits at that time.
 
So, it is not a problem that my old labor petition (ETA 750) was abaondoned/closed after I got my current 8 th year H1 extn based on it . My H1 is not invalidated?
 
The USCIS just cares whether you have a valid LC filed 365 days ago when you request post 6 years H-1B. It does not matter who filed that LC.
 
Last edited by a moderator:
Once again, thanks a bunch, for taking the time to answer my persistent question with regard to the validity of the current approved I-129 (H1B) petition when the underlying criteria.

I went ahead and sought professional legal counsol and the answer I got is consistent with your point of view and interpretation.

Summary of Legal Counsl:
1) The approved I-129 (H1B) remains valid for the period for which it has already been approved. The undelying criteria was true and valid at the time of filing and approval. The petition was filed in good faith and within the letter of the law.

2) An approved I-140 in itself provides eligibity for 3 yr H1 extn per AC21 regardless of when the underlying labor petition was filed.
 
BTW, did you get any RFE from the CIS when your new employer filed your 7th and 8th H-1B extension with the old LC?
 
Oh Yeah...

For the 7 th year extn:
even though I included the labor filing receipt from the DOL demonstrating that it is more than one year old, I was asked to get a letter from my old employer that they are in business and will continue to process my application while I go to work for another employer.

For the 8 th Yr extn:
Again inspite of including the original labor filing receipt and the intent to continue processing letter from employer in the prior Yr, I was asked to provide proof that the petition still remains pending. Luckily I managed to get the screen shot from the BEC.

For the 9 th Ye Extn ????????
Now I have a approved labor & I-140 from current employer. Old petition is abondoned. Will apply for 3 Yr extn in a month. Let's see how things turn out.

Thanks a bunch for all your help. Really appreciate it.
 
It seemed your old employer was very cooperative at the time of your 7th and 8th year H-1B filed after you had already worked for another employer, eh?
 
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