RE: Question for Ginnu & the Gurus

D

dude2711725

Registered Users (C)
Dear Ginnu:

I was wanting to seek some advise on my condition, would appreciate if you could respond at your earliest convenience.

- I am currently working with company " A " on an H1B Visa who has filed my GC, it is in the labor stage from NY.

- I am in my 6th year of H1B expiring in Oct 2004

- The present Company is going through a rough patch and do not know when the doors would be shut.

My questions are as below:

- Can I look for a job with a diffrent company tranfer my H1B and after that if they are keen to file my GC would I be able to get the same date as my LC date which is Dec 2002, the reason why I ask is because I know for a fact that I would need 7th year extension, but the question is I will only be granted an extension if I could prove to them that my Labour has been pending for more than a year, but labour has been pending with company
" A " for more than a year - Please advise as it would really help me plan and God willing i can get out of this mess...
 
you made need to find a company that has fast labor approvals or substitution labor cases. I dont know of many who do but I will try and help you because I was in the same scenario.
 
Originally posted by dude2711725
Dear Ginnu:

I was wanting to seek some advise on my condition, would appreciate if you could respond at your earliest convenience.

- I am currently working with company " A " on an H1B Visa who has filed my GC, it is in the labor stage from NY.

- I am in my 6th year of H1B expiring in Oct 2004

- The present Company is going through a rough patch and do not know when the doors would be shut.

My questions are as below:

- Can I look for a job with a diffrent company tranfer my H1B and after that if they are keen to file my GC would I be able to get the same date as my LC date which is Dec 2002, the reason why I ask is because I know for a fact that I would need 7th year extension, but the question is I will only be granted an extension if I could prove to them that my Labour has been pending for more than a year, but labour has been pending with company
" A " for more than a year - Please advise as it would really help me plan and God willing i can get out of this mess...
Click to expand...

dude2711725

If your LC is approved you can have that as your priority ate. But since all dates are current, there is no significance to a priority date. Previously after your 140 is approved one has to wait for the priority date to become current inorder for them to apply for AOS/485. But after the introduction of concurrent filing provision priority dates have lost their significance.

hth
dyno
 
What u need to do

Have the company surrender to you the approved labor application for you. You can transfer your H-1B and use your labor with a more stable company. Its not hard to do but you will need an attorney to assist you. I recommend speaking to John Carter at Fragomen, Del Rey, Bernsen and Loewy in New York.
 
Re: What u need to do

Originally posted by H-1B and GC
Have the company surrender to you the approved labor application for you. You can transfer your H-1B and use your labor with a more stable company.
Click to expand...

Nonsense. A Labor Certification may only be used by the company that applied for it, and is NOT transferrable.

Basically, you'll need to start over if you wish to go to another company. However, so long as the first GC process isn't abandoned by the company, you should be eligible for a 7th year H-1B based on the pending LC from the first company.
 
H1B & GC

Thanks H1B & GC,

One last question for you - if I have the approved LC in hand, I can use that for applying GC with another stable company, but I always thought that the LC belonged to the company and was not transferable.. please clarify and many thanks for your inputs here.
 
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