preapproved LC and employer change

G

gvazz

Registered Users (C)
One of my friends was able to successfully get a pre-approved labour before the H1B 6year expiry (few months from now) and has filed for I140 using that from company A. Recently he got a good offer (full time) from company B which is willing to sponsor his H1B.

Now the problem is, can he join the company B and get the 7th year and beyond extension or Can he only work with company A, because he is getting the extension from the pre-approved LC of that company.

When he talked to a Lawyer, the lawyer says that this is a grey area and there is no specific law and it is better for him to join Company A.

Can you pls provide your views on this? Thanks.
 
can anybody please reply to my above query or show some pointers where i can get more information. thanks.
 
If your friend crossed 180 days from the time he filed I140 and If he had applied for 485 concurrently. I guess you can claim AC-21. If the position at Company B hold similar responsibilities.

It is always better If Company A does not reuse the Labor certification applied on your friend.

Experts correct me, if i am wrong.
 
Peyag, Thanks for your reply.

To answer your questions.

1. No, he didn;t apply for 485 due to retrogression. Now he is applying I140 based on Sub LC and he thinks it will get approved in a month. He has Few more months to go before 6th year limit is over.

So based on just I140 approved, can he work for another company other than the company whose SUb LC is being used.

2. He is confident that the company which is providing the LC SUb is not going to cancel it or use it for others. On his part, he has assured them that he will join them when his GC/EAD is available. So there is a mutual understanding.

3. Does Yates Memo or AC21 apply in this case..Looks like Yates memo says that one can extend beyond 6th year on LC sub +I410 approved from the company which provides LC. In my friends case, he wants >6yr extension from another company.

Any one with information on this pls reply..It is getting urgent..
 
You must log in or register to reply here.
Top