Question regarding H1 extension after 6 years

[Ding1000ma]

Currently I am working with Company A and my labor has been filed in Feb 2004. In order for me to be on safer side I want to file one more labor application from company B. Company B is willing to apply for labor in PERM process. I came to US on Nov 15 2005 , if company B starts my processing they say the my application will be filled end of Nov 2005.If I go to Company B's payroll am I eligible for H1 extension beyond 6 years? As I will be short of 15 days. I was out of US on vacation for 6 weeks, can we recapture this time frame? Company B will file labor from Vermont service center.
Ding

 

[gc_2006]

Has comp B started all PERM advertising yet? Otherwise add 2mo+ from whatever day they are starting to. Sounds to me like the earliest they will file is middle of December (from now).

I came to US on Nov 15 2005

Do you time travel?

Currently I am working with Company A and my labor has been filed in Feb 2004. In order for me to be on safer side I want to file one more labor application from company B. Company B is willing to apply for labor in PERM process. I came to US on Nov 15 2005 , if company B starts my processing they say the my application will be filled end of Nov 2005.If I go to Company B's payroll am I eligible for H1 extension beyond 6 years? As I will be short of 15 days. I was out of US on vacation for 6 weeks, can we recapture this time frame? Company B will file labor from Vermont service center.
Ding

Recapture seems to work better lately in CSC - I wouldn't count on it for sure every time in other service centers.
One year in PERM is more than enough, however due to retrogression it would be good to have extendable H-1B. However once your I-140 is approved you can extend in 3-year increments if retrogressed.

 

[gcco]

Currently I am working with Company A and my labor has been filed in Feb 2004. In order for me to be on safer side I want to file one more labor application from company B. Company B is willing to apply for labor in PERM process. I came to US on Nov 15 2005 , if company B starts my processing they say the my application will be filled end of Nov 2005.If I go to Company B's payroll am I eligible for H1 extension beyond 6 years? As I will be short of 15 days. I was out of US on vacation for 6 weeks, can we recapture this time frame? Company B will file labor from Vermont service center.
Ding

Your queations are not clear. When is your 6th year extension ending? Are you in USA now???

Paperwork and advertistments take at least 60 days to file perm. Filing end of Nov is immpossible. You cannot recapture vacation days.. Your clock starts ticking from the day you enter USA in H visa..

gcco

 

[gc_2006]

gcco,

while I agree with the rest you say, the below is not true. I captured a total of 6 weeks (1 week here, 1 week there) of vacation on H-1B myself in CSC earlier this year. However I hear not all service centers are that agreeable.

You cannot recapture vacation days.. gcco

 

[Ding1000ma]

Your queations are not clear. When is your 6th year extension ending? Are you in USA now???

Paperwork and advertistments take at least 60 days to file perm. Filing end of Nov is immpossible. You cannot recapture vacation days.. Your clock starts ticking from the day you enter USA in H visa..

Sorry, I came to US on Nov 15 2000. My 6th year will end on Nov 15 2006. I am currently in US.

They does not have paper ad. They have to do paper ad now. Company B says everything can be done and he can file it by end of Nov 2005.

Company B has paper ad for Aug 2005 but they are not ready to use it. He says that paper ad has been already used by his employee and that employee got labor approval under PERM process.

 

[gcco]

gcco,

while I agree with the rest you say, the below is not true. I captured a total of 6 weeks (1 week here, 1 week there) of vacation on H-1B myself in CSC earlier this year. However I hear not all service centers are that agreeable.

thanks for correcting me.. gc_2002. I didn't know that. Well, it might be useful to me one day ..

gcco

 

[gcco]

Your queations are not clear. When is your 6th year extension ending? Are you in USA now???

Paperwork and advertistments take at least 60 days to file perm. Filing end of Nov is immpossible. You cannot recapture vacation days.. Your clock starts ticking from the day you enter USA in H visa..

Sorry, I came to US on Nov 15 2000. My 6th year will end on Nov 15 2006. I am currently in US.

They does not have paper ad. They have to do paper ad now. Company B says everything can be done and he can file it by end of Nov 2005.

Company B has paper ad for Aug 2005 but they are not ready to use it. He says that paper ad has been already used by his employee and that employee got labor approval under PERM process.

that's better..
It is immpossible to file by Nov end, even if they start the process today.. it takes at least 60 days to file. You definitely cannot file earlier than that... Check with lawyer.. Any lawyer can run through the process with you.

Try recapturing your vacations as what gc_2006 said.. 6 weeks makes a huge difference in your case. How do you do that gc_2006? Do you submit your proof of vacations with your extension papers?

Anyway, with or without recapturing I think you are safe to join new company. If you start your transfer/extension to Co B in premium process now, you would get approval in about 2 weeks. Ask Co B to start perm process now itself.

It takes about 2-3 mths to file.. anywhere from 2 weeks to 3mths for approval (if you are lucky & trend remains.. Of course your qualification, job code & wage level matters too..) I140 in about 3-5 mths in VSC.
Total about 11 - 12 mths.

I think if your lawyer and company co-operate, you should be able to clear I140 by next year Nov... But again remember... there are always risk involved. If you do not clear I140 by end of your 6th year.. you would not be able to extend any further.

Talk to your lawyer and Co B & decide for yourself .. Hope this helps.

take care & good luck

gcco

 

[Ding1000ma]

Thanks for all your inputs. I have one more question:
Company B says that he will file my GC in VSC but he will get my H1 extension from CSC showing vacation time (as he will show my client is located in Midwest). Is this possible that GC is filed in VSC and H1 in CSC?

 

[gcco]

Thanks for all your inputs. I have one more question:
Company B says that he will file my GC in VSC but he will get my H1 extension from CSC showing vacation time (as he will show my client is located in Midwest). Is this possible that GC is filed in VSC and H1 in CSC?

Yes.. I guess it is.. My employer's location and my physical location are different. My GC is handled my VSC and my H1 extensions are filed at TSC.

hope this helps..

gcco

 

[Ding1000ma]

Thanks,
In summary I can do these, correct me if I am wrong.

Ask company B file for my GC ASAP, for labor process it takes approximately 2 months say dec 2 nd week.
Case 1: If my Labor and 140 gets approved file get 3 years extension so I am in safer side.
Case 2: If my labor is still pending I can ask my employer to file for H1 extension from my client place (other than VSC) instead of Employer place.

 

[gcco]

Thanks,
In summary I can do these, correct me if I am wrong.

Ask company B file for my GC ASAP, for labor process it takes approximately 2 months say dec 2 nd week.
Case 1: If my Labor and 140 gets approved file get 3 years extension so I am in safer side.
Case 2: If my labor is still pending I can ask my employer to file for H1 extension from my client place (other than VSC) instead of Employer place.

I don't understand what you are asking & I don't want to mislead you..
Just to clear stuff...

case 1: correct.. you don't have to worry about not being able to extend once your I140 gets cleared.

case 2 : when you say 'if' are you talking about your present extension or next year's one..

present - Why is there a 'if'? You will definitely not get cleared by next month.. BEC is not that efficient...

Doesn't matter where you do the filing... as long as you have a pending labor that's more than 365 days old. Doesn't mean that you cannot file in VSC if your new GC is going to be filed there.. If you provide proper documents, you should be able to get your H1 approved no matter which Service Center you sent it to... (Of course it has to be the one closest to your/client's physical location.. I guess)

Next Year - You cannot file for extensions any more if you don't have any LC that is pending for more than 365 days... remember if either your old LC is withdrawn or you cannot recapture your vacation days....and you unfortunately, couldn't clear your I140 in time..... i'm sorry to say.. you will risk everything....

good luck..

gcco

 

[FLRIR]

Confused - 6th year H1B - changing jobs

Hi guys,
I am new in this forum.
I am in my 6th H1B year (ends May 1, 2006), have a LC pending in the Philadelphia Backlog Center through company A (PD: Nov 17 2003 , FL RIR - EB3) and it seems wil be stuck there for a long time.
I got a much better offer from other firm (company B) and would like to switch jobs filing a PERM. (probably could go for EB2 this time)
My main concern is: Will I be able to get the 7th year extension until I get GC through PERM? Would they consider my PD from my first filing through company A?
My lawyer says would not be a problem but I am not sure if he just wants to get my money again ..
...

Thanks in advance!

 

[gcco]

Hi guys,
I am new in this forum.
I am in my 6th H1B year (ends May 1, 2006), have a LC pending in the Philadelphia Backlog Center through company A (PD: Nov 17 2003 , FL RIR - EB3) and it seems wil be stuck there for a long time.
I got a much better offer from other firm (company B) and would like to switch jobs filing a PERM. (probably could go for EB2 this time)
My main concern is: Will I be able to get the 7th year extension until I get GC through PERM? Would they consider my PD from my first filing through company A?
My lawyer says would not be a problem but I am not sure if he just wants to get my money again ..
...

Thanks in advance!

Please read earlier posts.. If you want to change employer now, you will need about 11-12 mths (to be safe) from start to I140 approval. With just 7 mths it would be very very risky.. If Company A keeps your LC alive then you can be confident that you can get extensions, but how sure can you be??

You can use PD of 1st LC only if you are applying LC through perm from company A for the same position/wage etc.. or if you clear your I140 from company A and redo GC from company B. I may be wrong... I strongly feel that lawyer is misleading you.. double check with another competent lawyer...
that way you will know for sure.

gcco