Question on 7/8th year extension

[abcd123_123_3]

I am on 7th year extn. with company A on company A's pending labor for more than 365 days clause (7th year extn dates: Sep 2004 to Aug 2005). The LC is still pending and I am still working for company A.

If another company B wants to apply for my H1 extension (before leaving company A to use company A's pending LC), does company B get extn only until my current 7th year expiry date (which is Aug 2005) or remaining 7th year plus 8 th year duration also (i.e until Aug 2006)??

This is very important for me to know so that company B can plan my new LC accordingly and try to get yearly extns later on its own LC.

 

[EricS]

I am on 7th year extn. with company A on company A's pending labor for more than 365 days clause (7th year extn dates: Sep 2004 to Aug 2005). The LC is still pending and I am still working for company A.

If another company B wants to apply for my H1 extension (before leaving company A to use company A's pending LC), does company B get extn only until my current 7th year expiry date (which is Aug 2005) or remaining 7th year plus 8 th year duration also (i.e until Aug 2006)??

This is very important for me to know so that company B can plan my new LC accordingly and try to get yearly extns later on its own LC.

Depends on what your lawyer believes. I have seen cases either way. i.e some get 7th/8th year ext. with transfer, some not. Anyway, for your info:
1> company B can start your LC now. You may or may not join them now. But then the ability to pay issue should be looked at.
2> If B does not get 8th year approved now, they can still apply for your 8th year around June/July this year, based on company A's pending LC > 365 days. You will have to show a proof of it like a letter from DOL saying that the LC was accepted for processing on xx/xx/xxxx date.

 

[abcd123_123_3]

thanks for the reply. But for point 2) to happen (like getting 8th year extn through company B around July), I fear company A would have cancelled the original LC. How to get around this problem??

 

[EricS]

thanks for the reply. But for point 2) to happen (like getting 8th year extn through company B around July), I fear company A would have cancelled the original LC. How to get around this problem??

May be my knowledge is limited, but I have never heard about such a thing as revoking the applied LC. Do you already have a proof of LC filing with you? If so, then you should be good, but as always, please do not take a decision based only on my advise, consult with a good lawyer before making any final decision.